Does a divorce occur when the sheikh annuls the marriage contract, or is it necessary for the young man to utter the word of divorce, especially since there was a cohabitation marriage (zawaj musakanah) unknown to relatives and the sheikh?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
In such matters, it is best to consult the court, because a judge's ruling settles disputes. The guardian (wali) is a condition for the validity of marriage according to the majority of jurists, while Abu Hanifa held the view that marriage is valid without a guardian. Divorce is a legal right of the husband, and he may delegate it to another. If divorce occurs before consummation but after a valid private seclusion ( sahiha), the woman is entitled to the full dowry.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/195702
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- Ftawy
- Original fatwa ID
- 195702
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy