What is the ruling regarding the marriage of a woman who was forced into it and had it documented Islamically, then obtained a judicial khul‘ without the consent of the husband who refused it Islamically, then married a second time and had children, and then the first husband agreed to the khul‘? Is her second marriage valid after all this time and with children, and what should she do if it is not?
It is not permissible for the guardian to marry off a virgin without her consent, according to the preponderant opinion. If the marriage contract was concluded in a شرعية (legally valid) manner, the wife does not have the right to annul it or seek divorce without a شرعي (legally valid) reason.
If the wife dislikes her husband and fears that she might fall short in fulfilling his rights, she has the right to request a khul' (dissolution of marriage). The khul' that was enacted by the municipality without the husband's consent or without the endorsement of a شرعية (legally recognized) authority is invalid, and her second marriage is not valid because she is still under the conjugal bond of her first husband.
This second marriage must be annulled, and she must separate from the second husband immediately. As for the children, they are attributed to their second father if he believed this marriage to be permissible. The first husband divorcing her or her legalizing the second marriage afterwards does not validate the second marriage.
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- Original fatwa ID
- 117660
- Imported
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