Is a woman entitled to seek financial compensation from her husband during civil divorce proceedings after a marriage that lasted 17 years, during which she gave birth to two sons, knowing that the marriage did not involve a legal guardian (wali shar’i) and that the husband apostatized from Islam, and what is the status of her two Muslim sons from this relationship?
If the marriage was without a guardian (wali) but in the presence of two Muslim witnesses, there is a jurisprudential disagreement concerning it. The majority view is that it is invalid, based on the Prophet's (peace and blessings be upon him) saying: "There is no marriage except with a guardian."
However, if a judge rules this contract valid or officiates it, then it cannot be annulled.
The children resulting from this marriage are attributed to their father by the consensus of Muslims, even if the marriage was, in reality, invalid, for lineage (nasab) does not depend on the validity of the marriage.
If the husband apostatizes from Islam and does not return to his religion after the waiting period () expires, the marriage is فسخ (dissolved), and the wife must obtain a civil divorce.
The wife has the right to claim her past maintenance () and that of her children, as well as the deferred dowry (mu'akhkhar al-sadaq), but she is not entitled to compensation for moral damages.
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