What is the ruling on the marriage of a man who incites a woman against her husband to have her divorced so he can marry her?
Inciting a wife against her husband (Takhbib) is one of the grave sins, based on the Prophet's (peace be upon him) saying: "He is not one of us who incites a woman against her husband."
Scholars have differed regarding the ruling on the marriage of the inciter (mukhabbib) to the woman he incited: - The majority of scholars hold that his marriage is valid, while deeming takhbib unlawful. - The Malikis and some of Ahmad's companions believe that his marriage is invalid as a punishment for him, and separation between them is obligatory.
The most preponderant opinion is that of the majority of scholars, affirming the validity of the marriage. For even though takhbib is unlawful and a major sin, if the marriage is concluded with its Shariah-compliant conditions, it is valid, and the preceding act of incitement does not invalidate it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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