Question

Divorce does not occur in marriage which is invalid by consensus

321

Question

Divorce after Invalid nikah or nikah without wali. There are two type of fatwas I have seen on your website. One says there is no divorce as there is no nikah from the beginning. The other one states divorce occurs in a marriage where is a difference between ulema on its validity. Which one of them should be adopted?

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Accepted 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.

In a marriage which is invalid by consensus, such as a marriage to a Mahram, a divorce does not occur (i.e. marriage is nullified without divorce). In a marriage about which the validity is disagreed, such as a marriage without a guardian, divorce does occur.

For more benefit, please refer to Fatwa 243013.

Allaah Knows best.

Fatwa

Divorce does not occur in marriage which is invalid by consensus

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Related Fatwa

A woman's marriage without her guardian's consent

She Embraced Islam but Her Atheist Husband Refuses to Divorce Her and Threatens Her to Take Children

Impermissibility to Assist an Atheist in his Wedding

Couple Organized Tahleel Marriage to Get Back Together and Had Children Afterwards

Married a Defective Marriage and Wants Divorce

Her Non-Muslim Sister Got Involved in an Invalid Marriage

Matters That Invalidate Marriage

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