Is it permissible to consider the marriage null and void, and the divorce null and void, because it was conducted without a wali (guardian), and can she be contracted anew with a wali after two divorces and an oath with the intention of divorce?
Marriage without a guardian (wali) is invalid. Whoever has married without a wali must immediately separate from his wife, then عقد (aqad) with her through a wali if he desires to marry. If a divorce occurs during a marriage without a wali, it is void (laghw) because it did not take place within a valid context. Ibn al-Qasim al-Abbadi mentioned that marriage without a wali is invalid and divorce does not occur within it. Abu Ishaq, however, held that divorce does occur within it. Al-Ramli, al-Ziyadi, and others affirmed the invalidity of the marriage of a follower (muqallid) and the non-occurrence of divorce within it, while Ibn Hajar differed and followed the opinion of Abu Ishaq.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/56727
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 56727
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy