Is it permissible to marry the aforementioned young man again, after three instances of marriage and divorce, knowing that the guardian did not approve of the first marriage, and that the young man's family claims the invalidity of both the marriage and the divorce?
Marriage without a guardian (wali) is valid according to the Hanafis if its documents are legally completed, and it is not to be annulled.
Divorce occurs in a marriage whose validity is disputed, such as a marriage without a guardian, or with corrupt witnesses, or a tahlil marriage (one done to make a woman lawful for her first husband), or a marriage without witnesses.
If a man divorces his wife with one irrevocable divorce over the phone before consummation, then returns to her with a new contract, then divorces her a third time verbally during menstruation, then the divorce occurring during menstruation does not take effect according to the preponderant opinion. He still has one divorce remaining if he had not divorced her a second time. The wife's father can solemnize the marriage to correct the contract.
It is not permissible to investigate the validity of a marriage contract after a divorce has occurred in order to escape its consequences, as this is a manipulation of religion. The man enjoys the wife based on the validity of the contract, then disavows its validity after the divorce.
Divorce occurs in a فاسد (corrupt/irregular) marriage where there is disagreement among the imams. The guardianship of a corrupt person is valid according to the majority of the imams.
Whoever investigates the corruption of the contract after three divorces did not do so when enjoying intimacy and inheriting; this is a manipulation that is impermissible by the consensus of the Ummah.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/7223