Is it permissible to marry without a contract, with the consent of the wife's family via phone, and with the availability of the dowry and witnesses, given that the wife was previously married in an unlawful marriage for the purpose of citizenship, and no sexual intercourse occurred, and she was verbally divorced from him three times; and is it permissible for this former husband to be her guardian in the new marriage?
For a marriage to be valid, its pillars must be present: the presence of the woman's guardian (wali) or his representative, two just witnesses, and a formula indicating the contract. Documentation is not considered a condition for its validity. Agency via phone or fax is permissible.
Regarding marriage for the purpose of obtaining citizenship: - If the legal pillars are not met, it is not considered a valid Islamic marriage and does not require divorce. - If the pillars are met, it is valid. However, if it is without the guardian's permission, it is invalid according to the majority of scholars, but valid according to Abu Hanifa. In these cases, a divorce is required or the marriage must be annulled by a judge.
Assuming the marriage is valid, the husband uttering the divorce once is sufficient. A triple divorce is considered an innovation (bid'ah) and forbidden by some scholars. It is not permissible to marry the woman again after a divorce except after her 'iddah (waiting period) has ended (three menstrual cycles or three months if she does not menstruate), provided there was valid seclusion (khalwa shar'iyyah). If there was no seclusion, she may be married without an 'iddah.
The first husband may conduct your marriage contract if he is acting as an agent for the woman's guardian, even if the agency was established via phone or fax.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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