The Ruling on a Marriage Contract of Shighar Performed While in a State of Shirk, Followed by Repentance
Machine translationRead the Arabic original
The questioner:
It is not expected in a marriage of shighar, and he was a polytheist who practiced grave worship, then he became a monotheist, and she is his wife. Does he renew the marriage contract or not?
The Shaykh:
Hmm.
The questioner:
A man was one of the grave worshippers who circumambulate the graves and call upon them besides Allah. Then he contracted marriage with his cousin’s daughter to remove the shighar. Then he repented to Allah and became one of the monotheists. Does he renew that contract or not?
The Shaykh:
If he contracted marriage with her while he was a disbeliever and she was a Muslim, the contract is invalid. Yes. They are all deceased. And if they were all upon shirk (associating partners with Allah), the contract is valid if it was not shighar. As for if it was shighar, it is not valid.
The questioner:
They all became monotheists.
The Shaykh:
Renew the marriage. And if they married while they were upon shirk? Yes, indeed.
The questioner:
Yes, we married and we are with the Shaykh, all of us.
The Shaykh:
It may be said that the Messenger (peace and blessings be upon him) accepted the marriages of the disbelievers. As for when they became Muslims, he (peace and blessings be upon him) did not look into them. So if they were disbelievers, their marriages are accepted. Yes.
The questioner:
And if he does not pray, your hand.
The Shaykh:
It is not permissible for him to marry a Muslim woman.
The questioner:
He married and had children.
The Shaykh:
Renew it, and the children are his.
The questioner:
Her children are her children.
The Shaykh:
They listen, but he renews the marriage after his repentance. We ask Allah for guidance for us and for him. Yes.
It is not expected in a marriage of shighar, and he was a polytheist who practiced grave worship, then he became a monotheist, and she is his wife. Does he renew the marriage contract or not?
The Shaykh:
Hmm.
The questioner:
A man was one of the grave worshippers who circumambulate the graves and call upon them besides Allah. Then he contracted marriage with his cousin’s daughter to remove the shighar. Then he repented to Allah and became one of the monotheists. Does he renew that contract or not?
The Shaykh:
If he contracted marriage with her while he was a disbeliever and she was a Muslim, the contract is invalid. Yes. They are all deceased. And if they were all upon shirk (associating partners with Allah), the contract is valid if it was not shighar. As for if it was shighar, it is not valid.
The questioner:
They all became monotheists.
The Shaykh:
Renew the marriage. And if they married while they were upon shirk? Yes, indeed.
The questioner:
Yes, we married and we are with the Shaykh, all of us.
The Shaykh:
It may be said that the Messenger (peace and blessings be upon him) accepted the marriages of the disbelievers. As for when they became Muslims, he (peace and blessings be upon him) did not look into them. So if they were disbelievers, their marriages are accepted. Yes.
The questioner:
And if he does not pray, your hand.
The Shaykh:
It is not permissible for him to marry a Muslim woman.
The questioner:
He married and had children.
The Shaykh:
Renew it, and the children are his.
The questioner:
Her children are her children.
The Shaykh:
They listen, but he renews the marriage after his repentance. We ask Allah for guidance for us and for him. Yes.
Source
فتاوى الحج 1410 هـ - 10 أخرى — archive.org (6:35)
The Arabic text is a machine transcription of the audio recording.