Is it permissible for a divorced woman to enter into an 'urfi (customary) marriage in the presence of two witnesses and a non-mahram guardian (such as a male cousin), with the knowledge of her mother, due to the difficulty of officially documenting the contract at present? And is a woman who has been previously married considered her own guardian?
Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 2026
The majority of scholars hold that a woman's marriage, whether she is a virgin or previously married, is not valid without the permission of her guardian (wali), based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."
The son of the paternal aunt has no guardianship over his maternal cousin. If the guardian is absent, he can appoint someone to act on his behalf in concluding the marriage contract. Documenting the marriage is not a condition for its validity if its pillars are fulfilled.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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