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Fatwa CenterConcluding a valid marriage contract after termination of an invalid marriage contract
Question
A girl married without the consent of her parents and after three days of her marriage, they got her divorced, promising her to marry her off to that man with a valid marriage contract, but they broke their promise. They want her to have hymnography, i.e. surgical restoration of the hymen to marry her off to another man. What is the ruling on this, given that the first husband still wants to remarry his ex-wife?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Undeniably, marriage without the consent of the guardian representing the bride is invalid. The Prophet, sallallaahu ‘alayhi wa sallam, said: “Any woman who gets married without the permission of her guardian, her marriage is invalid; invalid, invalid.” [Ahmad]
Moreover, the Prophet, sallallaahu ‘alayhi wa sallam, also said: “No marriage is valid without the (permission of the) guardian.” [Ahmad, Abu Daawood, An-Nasaa’i, At-Tirmithi and Ibn Maajah]
Hence, if a girl gets married without the permission of her guardian, this entails separating the spouses and rescinding their invalid marriage contract. Moreover, after the judicial termination of the marriage contract and after the woman’s ‘Iddah, i.e. post-marriage waiting period, is over, it is permissible for her to marry this man with a valid marriage contract that meets the due conditions, requirements and pillars of marriage in Islam. However, the girl’s guardians are entitled to refuse such a man if he is not a competent husband for their daughter. However, if this man was a religious and well-mannered Muslim man, then it will be impermissible for them to turn him down; the Prophet, sallallaahu ‘alayhi wa sallam, said: “If there comes to you one with whose religious commitment and morals you are pleased, then marry your wards, female relatives under your care, to him, otherwise there will be temptation in the land and a great deal of corruption.” [At-Tirmithi]
Furthermore, it is impermissible for the girls’ parents to make their daughter undergo a hymen grafting surgery to marry her off to another man; since it is an act of deception and unfair to the second husband. Additionally, having such a surgery implies exposing the most private part of the ‘Awrah without an urgent need.
Allaah Knows best.
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