The Difference Between Invalidity and Defectiveness in Marriage
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. The jurists state that if a condition is missing in the marriage contract, the marriage is called defective (fasid) and not invalid (batil). However, in the hadith, the Prophet (peace and blessings be upon him) called a marriage without a guardian invalid, and the guardian is a condition. So what is the difference between the absence of a condition and the absence of the guardian?
Answer:
The term "invalid" (batil) is used for that which is invalid and does not hold, and it is also used for that which is defective (fasid). Invalidity is broader than defectiveness.
Honorable Shaykh, may Allah grant you success. The jurists state that if a condition is missing in the marriage contract, the marriage is called defective (fasid) and not invalid (batil). However, in the hadith, the Prophet (peace and blessings be upon him) called a marriage without a guardian invalid, and the guardian is a condition. So what is the difference between the absence of a condition and the absence of the guardian?
Answer:
The term "invalid" (batil) is used for that which is invalid and does not hold, and it is also used for that which is defective (fasid). Invalidity is broader than defectiveness.
Source
الفرق بين البطلان والفساد في العقد — alfawzan.live
The Arabic text is a machine transcription of the audio recording.