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The question

What is the ruling on a girl marrying her ex-husband, from whom she was irrevocably divorced, after she said to him: "I marry myself to you according to the Book of Allah and the Sunnah of His Messenger, and for a dowry of 100 pounds," and he replied: "I accept your marriage according to the Book of Allah and the Sunnah of His Messenger," with the absence of a wali (guardian) and with two of his friends as witnesses, whom he asked not to inform anyone, due to the father's dislike of the husband?

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

If a man divorces his wife with a revocable divorce (less than three divorces), he cannot take her back except with a new contract. For a valid Islamic marriage contract, the guardian (wali) is a prerequisite according to the majority of scholars, and this is the preferred view. As for publicizing the marriage (ishhar), it is recommended but not obligatory. Therefore, a marriage without a guardian is invalid and must be annulled, and the contract renewed with the guardian's approval. If the guardian refuses to marry the woman to a suitable match, she has the right to refer her case to a judge, who will either marry her off or order her guardian to do so.

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Ftawy
Original fatwa ID
110706
Imported
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Source text, unreviewed
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