How does a husband divorce his wife if the marriage contract is invalid, sexual intercourse is impermissible, and there is no obligation for financial support, and how does divorce occur in a marriage that is not valid?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
A corrupt marriage ( Fāsid) that is unanimously agreed upon as invalid does not require a divorce. This is unlike a corrupt marriage where there is a scholarly difference of opinion regarding its invalidity; such a marriage requires a divorce from the husband or the judge, in consideration of the scholars who deem it valid. There is a distinction between a void marriage (Nikah Bāṭil) and a corrupt marriage (Nikah Fāsid). A corrupt marriage (where there is a difference of opinion) entails the effects of a valid contract, such as inheritance, and requires an ' (waiting period), unlike a void marriage (which is unanimously agreed upon as invalid).
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 135552
- Imported
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