Does the marriage of a man and a woman become void if they agree to marry after she has been divorced, and what is the ruling if they were ignorant of this matter, and what is the legitimate way out for their marriage?
An agreement between a man and a married woman to marry her after her divorce is called "takhlil" (instigation or corrupting a woman against her husband). This is considered a grave sin, and it is an act of sorcerers and devils, as stated in the prophetic : "He is not of us who instigates a woman against her husband." Scholars have differed on the ruling regarding the marriage of the instigator to the woman he instigated. The majority of scholars consider the marriage valid, while the Malikis deem the marriage invalid as a punishment for the instigator. The preponderant view is that of the majority, who affirm the validity of the marriage if the legitimate conditions are met, even though takhlil is forbidden and a major sin. The judge should punish the instigator for this disobedience.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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