Do three divorces take effect in an 'urfi (customary) marriage without a guardian (wali), which was then resumed by the husband with his wife, and is it valid to renew the marriage contract with the presence of the guardian and witnesses?
A lawful marriage has conditions and pillars, and its rulings must not be trifled with. It is not permissible for someone who has divorced his wife three times to claim that his marriage was invalid in order to nullify the divorce and be able to take his wife back, because the Lawgiver prohibited treating the verses of Allah with jest, as Allah Almighty says: {And do not take the verses of Allah in jest} [Al-Baqarah: 231]. And the Prophet, peace and blessings be upon him, said: "What is wrong with people who play with the boundaries of Allah and mock His verses, (saying) 'I divorce you,' then 'I take you back,' then 'I divorce you,' then 'I take you back'?" And the fact that the divorcer does not investigate the invalidity of the marriage due to the guardian's transgression until after the third divorce indicates that this action is based on whims, which is not permissible by the consensus of the Ummah. It is best to present the matter to the court or to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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