Is it permissible to marry a Muslim woman without a contract due to the divorce not being finalized, given the slow judicial procedures in France?
If the intention is to marry without official documentation due to the impossibility of obtaining a divorce certificate, then there is no legal impediment according to Islamic law, provided that the pillars of the contract are met: a guardian (wali), two just witnesses, a dowry (mahr), and the صيغة (formulation of offer and acceptance). Documentation is not a condition for the validity of the marriage, but rather for preserving rights. This can be done at an Islamic center or an official body in non-Muslim countries. As for marriage without fulfilling the legal pillars, it is explicit fornication (zina). Divorce, according to Islamic law, occurs merely by the husband uttering it, without requiring its documentation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 116951
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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