What is the ruling on a woman marrying after an illicit relationship with a married man, knowing that she was previously married to another man by 'urfi marriage and he divorced her over the phone?
Legitimate marriage has conditions and pillars without which it is not valid, including: the guardian (wali), witnesses, and offer and acceptance (ijab and qabul). What occurred between the woman and the first man was not a valid marriage. Even if there were a dispute regarding its validity, the divorce occurred by what the man said, even if it was implicit. If she committed adultery with the second man, he is not permitted to marry her until both of them repent and her womb is cleared (istibra’). Furthermore, their marriage was not valid because the guardian did not directly conclude the contract or delegate someone to do so. This woman must repent to Allah for what she has fallen into. If she wishes to marry this man in a valid marriage, it must be through her guardian. If her guardian is absent, he may delegate someone else to conclude her marriage, and there is no objection to the delegation being via phone.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 135415
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy