Is it valid to solemnize a marriage contract with a woman to whom one was customarily married without a guardian (wali) and two witnesses who did not see her, and after three divorces occurred, it was discovered that the first contract was void? Can she be married lawfully?
Marriage without a guardian (wali) or witnesses is a grave abomination, considered null and void by jurists. Sexual intercourse in such a marriage necessitates the prescriptive punishment (hadd) according to a group of scholars, although some differ, advocating for discretionary punishment (ta'zir) instead of hadd. This type of marriage is among those over which there is scholarly disagreement, and some scholars have deemed divorce applicable to it because it falls under invalid marriages whose nullity is not unanimously agreed upon. Furthermore, the husband acknowledged the validity of the marriage by deeming sexual intercourse permissible and by accepting inheritance. Therefore, he is not permitted to deny it after the triple divorce for the sake of whim, as this contradicts the consensus of Muslims.
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