The Difference Between a Defective Marriage Contract and an Invalid Marriage Contract

Question:
Honorable Shaykh, what is the difference between a defective marriage contract (nikah) and an invalid marriage contract (nikah) in reality and in terms of consequences, with examples, if you would be so kind?

Answer:
A defective marriage contract is one in which a condition is lacking. And an invalid marriage contract is the defective one, which is one in which a condition is lacking. Yes, and an invalid marriage contract is one in which a pillar is lacking; a pillar is lacking, and this is the invalid one. If this is difficult for you, there is another expression: a defective marriage contract is the one in which there is scholarly disagreement; it is the one in which there is disagreement. As for an invalid marriage contract, it is the one whose invalidity is agreed upon, such as marrying a fifth woman, or marrying during the waiting period; this is agreed to be invalid. And marrying for a fixed term (mut'ah); this is agreed to be invalid. This is invalid.
As for a defective marriage contract, such as a marriage without a guardian, this is defective because scholars disagree on it. Some validate it and say that a guardian is not required. Similarly, a marriage without witnesses: some scholars do not require the presence of witnesses, even though the correct view is that witnesses are necessary. However, some scholars validate it even if there are no witnesses. This is called defective. A defective contract has its effects, such as the bridal gift and the attribution of children. As for an invalid contract, it has no effects; the bridal gift is not obligatory, and the hadd punishment is established. It is considered unlawful sexual intercourse, and the hadd is applied. The children are considered children of fornication and are not attributed to the father. Yes. Yes.