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The question

What is the ruling of the Sharia concerning a man who married customarily, then denied the marriage, forced his wife to abort, and then divorced her?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

An unregistered marriage (zawaj 'urfi) is a valid marriage if it fulfills the conditions and pillars, and it is void if it lacks any of them.

The pillars of marriage are three: 1. The two spouses, free from impediments. 2. The offer (ijab): A statement issued by the guardian (wali) or his representative, preceding the acceptance. 3. The acceptance (qabul): A statement issued by the husband or his representative, following the offer.

The conditions of marriage are four: 1. Designation of the two spouses. 2. Consent of the two spouses or their representatives. 3. Two witnesses. 4. The guardian (wali), based on the Prophet's (peace be upon him) saying: "There is no marriage except with a guardian," and "Any woman who marries without the permission of her guardian, her marriage is void."

Accordingly, this woman erred by not documenting her marriage and by aborting herself, which is a clear sin. The husband owes the dower (mahr) that was named and agreed upon. Separation between them does not require a divorce due to the invalidity of the marriage contract. Muslims are advised to document marriage contracts with official authorities to preserve rights and for the sake of piety towards Allah.

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Ftawy
Original fatwa ID
31373
Imported
Translation status
Source text, unreviewed
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