Is a woman's marriage valid if she marries a chaste man without his knowledge of her fornication, and without performing an Istibra' or sincere repentance before the marriage, knowing that she did not become pregnant, and that the marriage took place without a guardian?

Adultery is one of the most heinous sins. Scholars have differed regarding the validity of marriage to an adulteress before her repentance. The majority view it as valid, though disliked, while the Hanbalis consider it forbidden.

However, if the husband was unaware of her adultery, the marriage is valid, and she should conceal her past. As for a woman marrying without a guardian (wali), it is invalid according to the majority of scholars, and the view of the majority is the most preponderant.

Therefore, the woman’s marriage contract must be renewed directly by her guardian or his agent, if possible. There is no issue concerning the attribution of children to the husband as long as they both believed the marriage to be valid.