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The question

Is it required for a woman to divorce before marrying another if the marriage took place without a guardian (wali) or witnesses and without the (explicit) formula, taking into account the different jurisprudential opinions regarding its invalidity (butlan) or فساد (fasad)?

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

Marriage without a guardian (wali) or witnesses is a matter of scholarly disagreement regarding its invalidity (butlan) and irregularity (fasad). In case of its irregularity, separation occurs either by annulment () or divorce (). As for "al-mutarakah" (abandonment) according to the Hanafis, it means the husband leaves the wife. For a wife with whom cohabitation has occurred, it is effected by a verbal statement such as "I have abandoned you." For a wife with whom cohabitation has not occurred, it is effected either by a verbal statement or by leaving her with the intention of not returning to her.

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Ftawy
Original fatwa ID
169047
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