Is it permissible for a girl who entered into a sham marriage to obtain residency to succumb to her husband's threats and grant him his conjugal rights in exchange for a divorce, and can she marry someone else before obtaining the divorce?
Dating between young men and women is impermissible due to the temptations and corruptions it leads to. What this girl did by entering into a sham marriage to obtain residency in a non-Muslim country is forbidden and impermissible, and it is an illicit means to an illicit end. If this marriage fulfilled its conditions and pillars, it is valid even if it was a sham, and this man is considered her husband. However, if the marriage did not fulfill its conditions and pillars, and the guardian did not offer the proposal, nor did the husband accept, and it was merely an agreement not to cohabit or have rights in exchange for a sum of money to the man, then this marriage is invalid and nothing results from it. Her brother must prove the invalidity of this marriage to the court. It is permissible for the woman to pursue every legitimate means to get rid of this man, such as reconciliation or ransom with money.
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- Ftawy
- Original fatwa ID
- 100260
- Imported
- Translation status
- Source text, unreviewed
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