The Ruling on a Marriage of Doubt and Its Consequences

The questioner : He asks: Does every marriage contract that is legally defective, yet whose parties believe it to be valid, become a marriage of doubt? And what are the consequences of a marriage of doubt?

The Shaykh : Yes, that is correct. Anything in which the person believes it to be valid, even if it is defective, is considered intercourse under doubt. The consequence of this is that they must be separated, and if a child is born from them, the child belongs to the man who had intercourse, because he is excused. Yes.

The questioner : There is leniency in this if, for example, it is in a country where there is knowledge, or where there is no established, known custom, meaning...

The Shaykh : If it is known that it did not become a marriage of doubt. The well-known thing is that it is not unknown, meaning, for example, my milk-sister. It is not possible for one to be unaware that it is forbidden, unless he did not know that she was my milk-sister.