What is the jurisprudential and religious ruling regarding a marriage that occurred under duress, claiming the use of magic, and then ended in divorce, followed by another marriage after a period?
Establishing an emotional relationship with a woman who is a stranger to you is a reprehensible act from which one must repent. If the girl's family forced their daughter to marry someone she did not desire, then they have erred and have no right to do so. If you were not the cause of her seeking divorce from her husband, then there is no sin upon you in marrying her. However, if you caused her divorce, then this is a forbidden act of incitement (takhbib) from which one must repent. The validity of the marriage in this case is a matter of dispute among jurists, with the majority affirming its validity. Accusing the girl's family that the man married her through magic is a forbidden act if there is no proof, because it is an ill-suspicion of a Muslim, and the default is their innocence.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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