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The question

What is the ruling on a woman marrying after an illicit relationship with a married man, knowing that she was previously married to another man by 'urfi marriage and he divorced her over the phone?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Legitimate marriage has conditions and pillars without which it is not valid, including: the guardian (wali), witnesses, and offer and acceptance (ijab and qabul). What occurred between the woman and the first man was not a valid marriage. Even if there were a dispute regarding its validity, the divorce occurred by what the man said, even if it was implicit. If she committed adultery with the second man, he is not permitted to marry her until both of them repent and her womb is cleared (istibra’). Furthermore, their marriage was not valid because the guardian did not directly conclude the contract or delegate someone to do so. This woman must repent to Allah for what she has fallen into. If she wishes to marry this man in a valid marriage, it must be through her guardian. If her guardian is absent, he may delegate someone else to conclude her marriage, and there is no objection to the delegation being via phone.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
135415
Imported
Translation status
Source text, unreviewed
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