What is the ruling on accepting a gift from a sister who is married to a man who claims to be Muslim, whose marriage contract was concluded in a Spanish court by Christians, and who does not have a legitimate guardian? Is her money considered the earning of a prostitute?

A valid marriage has conditions such as offer, acceptance, a guardian (wali), and witnesses. If the contract was concluded in a civil court by Christians, it is void. The husband must be advised and informed that pronouncing the two testimonies (Shahadatayn) necessitates adherence to the rituals of Islam. If he does so, the contract should be renewed with him according to its legitimate conditions.

The guardianship of grandfathers and paternal uncles is not forfeited due to estrangement. If they refuse and there is no one else, the matter should be referred to the Sharia (definition) judiciary or Islamic centers to arrange her marriage, as the ruler is the guardian of those who have no guardian. The sister should also be informed of the invalidity of her marriage.

There is no harm in benefiting from the money given by the husband to the wife, as it is not unlawful money and is considered maintenance. Muslims are in agreement that any marriage in which the husband believed it to be permissible when engaging in intercourse results in the child being attributed to him and inheriting from him. Emphasis should be placed on the seriousness of severing ties of kinship, and virtuous people should be encouraged to reconcile between the two parties.