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Is a husband who does not wish to have children after his only daughter violating Islamic law? Is it permissible for the wife to seek divorce in this case? What is the validity, in Islamic law, of an unregistered marriage (zawaj urfi) documented in a mosque with witnesses? And does the wife have the right to marry another man while still under the isma (matrimonial authority) of her husband through an unregistered marriage?

1 min readAlso available in العربية

The husband does not have the right to prevent his wife from conceiving, as it is a shared right between them. If the marriage was contracted with a guardian and two witnesses, it is valid شرعاً (according to Islamic law); otherwise, it is not valid according to the majority of scholars. It is not permissible for a woman to marry another man before her divorce or annulment of her marriage and the expiration of her waiting period ('iddah), even if the marriage was invalid. In such a case, the husband must annul or divorce; if he refuses, the ruler (judge) shall annul it. The belief in the validity or invalidity of a marriage must be firm and not change according to a person's purpose.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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