Is it necessary for a 42-year-old woman, who secretly had her marriage contract (aqd) seven years ago but whose husband has not consummated the marriage, to be divorced if another man proposes to her?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
This contract is invalid according to the majority of scholars, and it is not permissible to proceed with it. It must be annulled if it has occurred. However, it is not permissible for her to marry another man before the husband or the judge divorces her, due to the saying of Ibn Qudamah: "If a woman enters into a void marriage, it is not permissible for her to marry anyone other than the one she married until he divorces her or her marriage is annulled. If he refuses to divorce her, the ruler shall annul his marriage, as stated by Ahmad."
Summarized from the full answer at Ftawy · imported
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