Is it permissible for a divorced woman to enter into an 'urfi (customary) marriage in the presence of two witnesses and a non-mahram guardian (such as a male cousin), with the knowledge of her mother, due to the difficulty of officially documenting the contract at present? And is a woman who has been previously married considered her own guardian?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The majority of scholars hold that a woman's marriage, whether she is a virgin or previously married, is not valid without the permission of her guardian (wali), based on the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."
The son of the paternal aunt has no guardianship over his maternal cousin. If the guardian is absent, he can appoint someone to act on his behalf in concluding the marriage contract. Documenting the marriage is not a condition for its validity if its pillars are fulfilled.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/122377
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 122377
- 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