Does the third divorce, which occurred after the wife's guardian had approved the previous marriage contract, count as a final and irrevocable divorce, and is the wife permissible for her husband after this divorce?
The majority of scholars stipulate the guardian (wali) for the validity of the marriage, unlike Abu Hanifa, who believes in the validity of a mature woman marrying herself. The opinion of the majority is the more preponderant one.
Therefore, if your marriage was conducted without a guardian, it is invalid, and the contract should have been renewed with the woman's guardian.
The divorce issued by you is considered valid as long as you married believing in the validity of the marriage. If you divorced your wife with three pronouncements, she has become irrevocably divorced (baynunah kubra), and she cannot return to you until she marries another man and he consummates the marriage with her, then divorces her, and her ' (waiting period) expires.
A Muslim must know the rulings of Islamic law before undertaking any action.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 111364
- 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