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The question

Is the marriage that took place with the approval of the sister's husband instead of her brothers—after their refusal to marry their sister off due to their disapproval of the groom—invalid? And is the youngest brother entitled to sever ties of kinship because of this marriage?

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

If the husband wishes to take back his divorced wife before her 'iddah (waiting period) expires, merely uttering the words of رجعة (revocation of divorce) is sufficient. However, if her 'iddah has expired, a new marriage contract is necessary.

If the former husband was suitable and the brothers refused to marry her to him, then they are 'adhilan (preventing her from marriage), and their guardianship is forfeited, transferring to the next in line among her guardians. If there is no guardian or legitimate judge, then her marriage contract is valid, and the brother is not permitted to separate his sister from her husband.

It is forbidden for the two brothers to abandon their sister and sever ties of kinship with her. She, in turn, must maintain ties with them according to her ability.

If the marriage contract was made in the presence of a guardian or legitimate judge, then the marriage is invalid and must be annulled immediately. A new contract is necessary, in the presence of the woman's guardian or the legitimate judge. The children born before the renewal of the contract are attributed to the husband.

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Where this answer came from
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Ftawy
Original fatwa ID
94329
Imported
Translation status
Source text, unreviewed
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