Is a woman divorced before consummation considered a previously married woman (thayyib) whose guardian's consent is not required, or a virgin (bikr) whose consent is required?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the husband has not consummated the marriage with his wife, she is still a virgin. The difference between a virgin (bikr) and a non-virgin (thayyib) becomes apparent in the matter of permission. A mature, sane thayyib woman has more right over herself than her guardian, whereas it is recommended that a father seek his virgin daughter's permission, and her silence is considered her consent. The guardian's approval is a condition for the marriage contract according to the majority of jurists, so it is not permissible for a woman to marry herself, whether she is a virgin or a thayyib.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/181030
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- Ftawy
- Original fatwa ID
- 181030
- 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