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The question

Is the aforementioned customary marriage valid in Islamic law, and does the phrase "you are free" constitute a divorce?

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

An urfi marriage, if it fulfills the Shari'ah conditions and pillars, is valid. However, if it is without a wali (guardian), it is invalid according to the majority of scholars. A woman must not marry until after a divorce or annulment. If a man tells his wife, "You are free," this is an ambiguous expression of divorce, and he will be asked about his intention. If he intended divorce, then an irrevocable divorce has occurred. If the marriage contract was written without the verbal pronouncement of offer (ijab) and acceptance (qabul), it is invalid, and the woman does not need a divorce or annulment in this case.

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Ftawy
Original fatwa ID
173839
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