Is an oral marriage contracted without a guardian and without the consent of the family valid in Islamic law, and does divorce occur by breaking an oath if it was intended as a threat?
This marriage without a guardian is invalid according to the majority of jurists, and thus it must be annulled. A conditional divorce takes effect according to the majority, whether the husband intended to enact it or merely to threaten, contrary to Ibn Taymiyyah who considers it an expiation for an oath if the intention was merely a threat.
It is important to note the significance of knowing the Shariah ruling before taking action, and not relying on a law that prohibits polygamy. One must also be cautious about being lenient in matters of divorce, as the default ruling for it is prohibition.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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