Back to search
The question

Did the pronunciations of divorce uttered by the man with the intention of nullifying an invalid marriage occur, then were retracted after he learned of the marriage's validity according to the Hanafi school of thought?

Share this answer

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

To terminate an invalid marriage, such as one contracted without a guardian (wali), the Hanbalis require either a divorce () or annulment (), unlike the Shafi'is who do not deem this necessary. However, to rectify it, they do not need a divorce, but rather a renewal of the marriage contract. A divorce based on a mistaken assumption or an incorrect reason does not take effect, such as someone who divorces based on an act that did not occur, or due to believing in a defect that later proves to be nonexistent. The spouses must rectify the contract in the presence of the woman's guardian or his agent, and two Muslim witnesses.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
7348
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy