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The question

Is an oral marriage valid and void if the wife is still officially married on paper?

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

Marriage has conditions and pillars without which it is not valid, such as the guardian (wali) and witnesses. A mere offer and acceptance between a man and a woman does not constitute a valid marriage. It is not permissible for a married woman to marry anyone other than her husband as long as he has not acknowledged divorcing her, or a judge has not ruled on it, even if she is certain that the divorce has occurred, so that two men do not have authority over her. Acquaintance between non- men and women is not approved by Islamic law. A woman is not entitled by divorce to anything other than maintenance during the waiting period () (if the divorce is revocable or if she is pregnant) or a compensatory gift (mut'ah).

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
136939
Imported
Translation status
Source text, unreviewed
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