What is the religious ruling on customary marriage without a guardian and without the family's knowledge, and on the resulting pregnancy and abortion? What is the ideal solution to end this marriage while preserving the first wife and children from sin? Is it permissible to have an official marriage and an immediate divorce for the second woman to enable her to obtain official documentation?
Marriage without a guardian (wali) is invalid according to the majority of scholars. Therefore, you must separate from this woman whom you married without a guardian. It is not permissible for you to continue with her without renewing the contract, fulfilling the conditions for a valid marriage. If you separate from her, she becomes irrevocably divorced (ba'in), and you do not have the right to take her back except with a new contract.
Divorce is effective in this disputed marriage due to the established difference of opinion regarding its validity. The divorce in this case is an irrevocable divorce (ba'in), and the husband does not have the right to take her back.
The hymen repair procedure is not permissible, and abortion is forbidden except in cases of necessity.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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