Is a divorce that takes place in a void marriage – because it was without a guardian and without a documented contract – considered null and void, or not?
Marriage without a guardian is invalid according to the majority of scholars, but its validity is disputed. A divorce issued in such a marriage is effective if the husband believes in its validity. The divorce here is not considered void due to the invalidity of the contract, because the spouses believed the marriage to be valid and considered what resulted from it to be permissible. After the divorce, they are not permitted to work towards invalidating the marriage in order to escape the effectiveness of the divorce. Whoever believes something to be permissible or impermissible must adhere to that belief, regardless of whether it aligns with their desires.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/119126
- Source platform
- Ftawy
- Original fatwa ID
- 119126
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy