The ruling on a contract when a condition for the validity of the marriage contract is missing, and the attribution of children
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Question:
He says: Honorable Shaykh, may Allah grant you success, if a condition for the validity of the marriage contract is missing, such as the guardian, or the witnesses, for example, is the contract considered invalid and is it said to be unlawful sexual intercourse, and to whom are the children attributed?
Answer:
No, if the condition is missing, it is considered defective, not invalid. It is considered a defective contract, due to the disagreement among scholars regarding its validity. So it is not called invalid; it is called a defective contract. The children are attributed to him due to the doubt of the contract. They are attributed to him due to the doubt of the contract. Yes.
He says: Honorable Shaykh, may Allah grant you success, if a condition for the validity of the marriage contract is missing, such as the guardian, or the witnesses, for example, is the contract considered invalid and is it said to be unlawful sexual intercourse, and to whom are the children attributed?
Answer:
No, if the condition is missing, it is considered defective, not invalid. It is considered a defective contract, due to the disagreement among scholars regarding its validity. So it is not called invalid; it is called a defective contract. The children are attributed to him due to the doubt of the contract. They are attributed to him due to the doubt of the contract. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 080 من 123 / شرح كتاب زاد المستقنع / النكاح / الشورط والعيوب في النكاح / صالح الفوزان / الفقه — youtube.com (49:49)
The Arabic text is a machine transcription of the audio recording.