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The question

Does a woman sin if she marries during a period of an invalid marriage?

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

A vitiated marriage is not permissible to continue, and it has two cases: 1. That whose vitiation is disputed: Such as a marriage contracted without a guardian (wali) or without witnesses. This requires annulment () or divorce () according to most scholars before marrying another. 2. That whose vitiation is agreed upon: Such as marrying a fifth wife or a woman undergoing her ' (waiting period). This does not require annulment or divorce, and the woman is permitted to marry another person directly, because the first marriage is considered non-existent.

The Hanbalis view that a "vitiated marriage" (نكاح فاسد) is one whose vitiation is disputed (like a marriage without a guardian), while a "void marriage" (باطل) is one whose vitiation is agreed upon (like marrying a fifth wife or a woman in her 'iddah).

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Ftawy
Original fatwa ID
126303
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