Is a marriage that took place between a Moroccan woman and an Egyptian man, through a lawyer and two witnesses, and which the Egyptian court refused to authenticate due to incomplete paperwork, considered valid Islamically, and how can it be terminated if the laws in both countries do not recognize it?
If a marriage fulfills its conditions and pillars, it is valid, even if it is not documented. However, documenting it is preferable to safeguard rights. If a condition is violated, the marriage is invalid (), and the spouses must be separated. They can then renew the contract.
A divorce occurs when a man tells his wife, "You are divorced," once, during a period of purity (tuhr) in which he has not had intercourse with her. If the divorce occurs during menstruation or a period of purity in which he had intercourse with her, he is sinful for acting contrary to the , but the divorce is still valid according to the preponderant opinion. It does not require documentation from a court.
The husband must fulfill the condition of residing with his wife in her country, based on the Prophet, peace and blessings be upon him, who said: "The conditions most worthy of fulfillment are those by which you make intimacy lawful," and "Muslims are bound by their conditions." If the husband does not fulfill this condition, the wife has the right to seek annulment of the marriage from a judge or to request a divorce.
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