What is the ruling on a wife seeking divorce from a husband who deceived her by marrying another woman, knowing that a legitimate marriage contract was concluded without official documentation, and he is threatening her with the right of obedience?
The marriage is valid if its conditions are met: the consent of both parties, the presence of the guardian (wali), and two witnesses, even if it is not documented. However, documentation is obligatory today to preserve rights. If the woman accepted the contract without documentation on the condition that it be documented before consummation, or if custom dictates documentation, and this condition was not fulfilled, then she has the right to annul the marriage. This is because what is customary is akin to what is stipulated, and because conditions are considered in marriage. The general rule is that annulment can only be performed by a judge. However, if that is not possible, a group of upright Muslims can perform it.
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