What is the ruling regarding the return of a wife who was divorced before consummation if it occurred without a contract, mahr (dower), witnesses, or a guardian, and does a subsequent divorce take effect in this situation?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If you divorced your wife before consummation and valid seclusion, she has become irrevocably separated from you, and you cannot take her back except with a new contract. Marriage without a wali (guardian) is invalid according to the majority of scholars. Divorce in such a marriage is valid and counts towards the number of divorces. It is recommended to present the matter to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/118272
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 118272
- 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