Is it permissible for a woman to marry after her divorce, conveyed through text messages and phone calls, and after her iddah has ended, given that her husband refuses to provide her with an official divorce certificate and her name remains registered as his wife in official documents? And is it permissible for her to marry herself secretly with witnesses and a dowry, according to the madhhab of Imam Abu Hanifa?
A woman is not permitted to marry if she is still married to another man until her divorce from him is established, in order to prevent disputes. She can try to ransom herself from him or obtain his acknowledgment of divorce in front of witnesses.
Furthermore, a woman is not permitted to marry herself off; rather, her guardian must marry her off. This is the view of the majority of jurists. Nevertheless, if a marriage contract is concluded without a guardian, in imitation of those who validate it, or if a Shar'i judge rules it to be valid, then the marriage is sound.
If a marriage fulfills the conditions and is not announced, it is not considered a secret marriage that is forbidden.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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