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The question

Is it permissible for a girl who got married without the knowledge of her guardian and without a marriage contract, and then they separated, to marry a second time?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that the marriage of a woman without a guardian (wali) is invalid, whether she is a virgin or previously married, young or old, citing the Prophet's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."

Imam Abu Hanifa, however, holds that a mature woman may contract her own marriage. The term "verbal marriage" often refers to the lack of official documentation, which is not a condition for the validity of the marriage.

This marriage, which is considered invalid by the majority, becomes valid and enforceable if a judge rules it valid, or if the person who officiated the marriage follows the opinion of Imam Abu Hanifa.

If the marriage is invalid, the husband must pronounce a divorce, or the marriage must be annulled by a ruling. The woman is not permitted to marry again before a divorce or annulment. If the husband refuses to divorce her, she may refer her case to a Sharia judge to rule on the annulment of the marriage.

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Ftawy
Original fatwa ID
127010
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