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Fatwa CenterValidity of Marriage in Doubt
Question
I married 3 years ago. The person who wrote the paper was half drunk but still he can remember what happened then. The one who wrote the contract was the one who was the witness also. I did not do "sexual intercourse with her". Then I divorced her. I returned her but not with witnesses. I did it by my self she came back to me. I then divorced her again for the third time. I don't know; some tell me it is not correct marriage from the beginning, etc.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
If the Wali (guardian) of the woman was present at the time of the contract, then this contract is valid as long as the person who wrote it or witnessed it was not fully drunk and could therefore remember very well what happened at that time.
If, however, no Wali was present when the marriage contract was established, then this marriage is invalid because the Prophet said: “No marriage could take place without the presence of a Wali.” [Ahmad and Abu Daawood]
The Prophet also said: “Any woman who got married without the consent of her Wali, her marriage is invalid, her marriage is invalid, her marriage is invalid.” [Ahmad]
However, Imam Abu Haneefah and his disciples are of the view that a valid marriage could take place without the presence of the Wali.
On the other hand, according to both opinions, the divorces that you issued to your wife are valid and counted as divorces. The fact that the marriage contract itself is invalid according to the view of the majority of the scholars, does not influence the divorce itself.
So, any divorce (s) that you issued is valid and you should act accordingly.
For more benefit on a woman’s marriage without guardian, please refer to Fataawa 92758, 85057, 226429, 132754, 81777 and 269080.
Allah knows best.
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