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)?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/169047
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- Ftawy
- Original fatwa ID
- 169047
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy