What is the ruling on the first marriage contract after a triple divorce, and what is the ruling on convincing the wife to return on the pretext that the first marriage was void?
A woman who has no wali (guardian) can have her marriage contract () solemnized by a judge. If no judge is available, she may appoint an upright man as her proxy. If the alleged invalidity of the marriage is due to the wali being one of the witnesses, then the announcement and public declaration of the marriage suffice in place of witness testimony and validate the marriage. Even if the marriage was invalid, the divorce takes effect if they believed it to be valid at the time of the contract. It is not permissible for a man to challenge the validity of the marriage after divorce to invalidate the divorce, because this contradicts the consensus of Muslims, who hold that whoever believes something to be permissible must continue to believe it in all circumstances. Divorce takes effect in a marriage whose validity is disputed, whether the marriage was valid or invalid, and the divorced woman is not lawful for her divorced husband until she marries another husband.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/5725
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 5725
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy