Divorce does not occur in marriage which is invalid by consensus

3-1-2015 | IslamWeb

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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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.