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The question

What is the ruling on the marriage contract and the child of an Imam who had sexual intercourse with a woman he proposed to and contracted with her before the public announcement and the administrative contract? And what is the extent of the legitimacy of his action? And is it permissible to pray behind him?

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

The answer summarizes that if the marriage contract fulfills the jurisprudential conditions (offer, acceptance, guardian, two witnesses, and the wife's consent), it is a valid contract with all its legal consequences, and any child born from it is attributed to the father. It is preferable not to consummate the marriage out of respect for custom and to avoid potential harms, especially if the contract has not been officially registered. However, if the contract does not fulfill the conditions, such as being without a guardian, it is considered a void marriage according to the majority of jurists, but the child born from it is still attributed to the father. As for praying behind the Imam, it is valid, and what happened does not detract from his piety or rule him as a dissolute person. This is because either the contract was valid, in which case there is no issue, or it was void but he believed it to be permissible, in which case he is not sinful. The Imam is advised to avoid anything that opens the door to doubts and suspicions concerning him.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
6289
Imported
Translation status
Source text, unreviewed
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