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The question

Is the statement of the groom to his fiancée and the witnesses: "This contract is void, it is not to be taken, nor considered valid, as if nothing ever happened, and I disavow myself to God of my error. And now I want to renew the contract in the presence of the guardian and the two witnesses," considered a divorce, necessitating a new dowry, or is it only a renewal of the contract?

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

A marriage contract is not valid without a guardian (wali) and two witnesses. Remote witnessing is not considered valid by many contemporary scholars. Therefore, the aforementioned contract is invalid, and your declaration of its invalidity is not a divorce. The woman is not entitled to any of the dower (mahr) specified in the invalid contract if consummation has not occurred. Hence, there is no sin upon you in contracting marriage with the woman again through her guardian and witnesses, and this is not considered a divorce.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
187228
Imported
Translation status
Source text, unreviewed
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