Is it permissible to return to a customary marriage (zawaj urfi) without a new contract?
"Customary marriage" often refers to a marriage that is not officially documented or one in which the wife waives some of her rights. This does not invalidate it if it fulfills its essential elements (the woman's guardian, two just witnesses, and the marriage formula), and a revocation of divorce (رجعة) in such a marriage is valid. However, if what is meant is an agreement between a man and a woman without a guardian or witnesses, then it is fornication (zina), and no revocation of divorce is valid in it. If a customary marriage is contracted without the woman's guardian, it is invalid according to the majority of scholars but valid according to Abu Hanifa. Such a marriage is valid, and a revocation of divorce is permissible in it if its contract was overseen by a judge or if a judge ruled it to be valid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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