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The question

What is the ruling on repeating the marriage contract (aqd al-qiran) after the family's approval, and is it obligatory to annul the first contract that was concluded without their knowledge, and is it permissible to register a contract on top of an existing contract?

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

If the first marriage contract was made without the guardian's permission, it is invalid. The situation must be rectified by renewing the contract. There is no need for annulment or divorce as long as the same suitor is marrying her. If he had intercourse with her, this is considered intercourse by way of شبهة ( شبهة means something between lawful and unlawful), and, according to the more preponderant opinion, he is not required to make her observe (waiting period) because the iddah is for preserving lineage. The last contract, which fulfilled all conditions, is considered valid for the marriage, and the first contract becomes null and void. Documenting the contract is not obligatory but is important for securing rights. If the husband entered into the invalid marriage, the wife is entitled to the dowry.

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Ftawy
Original fatwa ID
157605
Imported
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Source text, unreviewed
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