If we rule that the marriage is invalid, are the spouses to be separated, and to whom does the child belong?
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The questioner : If we rule that the marriage is invalid, does it necessitate separating the spouses and that the child be considered a child of zina (unlawful sexual intercourse)?
The Shaykh : If we rule that the marriage is invalid, separation is obligatory. As for the child, he is a valid child because he was born from a doubt (shubhah). Every child born from a doubt belongs to the man who had intercourse, because the Lawgiver has a strong inclination to establish lineage and prevent it from being lost.
The questioner : ... these conditions ... such as the guardian in marriage.
The Shaykh : What?
The questioner : Such as the condition of the guardian for marriage.
The Shaykh : No, the woman in the waiting period; there is no disagreement on this.
The questioner : No, the condition of the guardian.
The Shaykh : No, the woman in the waiting period; there is no disagreement that it is not permissible to marry until her waiting period is completed, by the text of the Qur'an[Al-Baqarah 2:235].
The questioner : No, not the woman in the waiting period.
The Shaykh : Huh?
The questioner : The wife was under the husband, but the marriage was contracted for her without a guardian, and then years passed.
The Shaykh : May Allah bless you. We have not researched this. And if a person remembers an issue, even if it was ten years ago, he brings it to us now, do we accept it? Yes?
The questioner : The time, O Shaykh?
The Shaykh : Is it finished?
The questioner : Yes.
The Shaykh : Very well.
The questioner :"And a slave does not marry his master's female slave, nor does a master marry his slave's mother. And a free man may marry his father's female slave, but not his son's female slave. And a free woman does not marry her son's slave. And if one of the spouses or his free son or his mukatab (slave under a contract of manumission) buys the other spouse or part of him, their marriage is annulled".
The Shaykh : If we rule that the marriage is invalid, separation is obligatory. As for the child, he is a valid child because he was born from a doubt (shubhah). Every child born from a doubt belongs to the man who had intercourse, because the Lawgiver has a strong inclination to establish lineage and prevent it from being lost.
The questioner : ... these conditions ... such as the guardian in marriage.
The Shaykh : What?
The questioner : Such as the condition of the guardian for marriage.
The Shaykh : No, the woman in the waiting period; there is no disagreement on this.
The questioner : No, the condition of the guardian.
The Shaykh : No, the woman in the waiting period; there is no disagreement that it is not permissible to marry until her waiting period is completed, by the text of the Qur'an
And do not determine to undertake a marriage contract until the decreed period reaches its end
ولا تعزموا عقدة النكاح حتى يبلغ الكتاب أجلهThe questioner : No, not the woman in the waiting period.
The Shaykh : Huh?
The questioner : The wife was under the husband, but the marriage was contracted for her without a guardian, and then years passed.
The Shaykh : May Allah bless you. We have not researched this. And if a person remembers an issue, even if it was ten years ago, he brings it to us now, do we accept it? Yes?
The questioner : The time, O Shaykh?
The Shaykh : Is it finished?
The questioner : Yes.
The Shaykh : Very well.
The questioner :"And a slave does not marry his master's female slave, nor does a master marry his slave's mother. And a free man may marry his father's female slave, but not his son's female slave. And a free woman does not marry her son's slave. And if one of the spouses or his free son or his mukatab (slave under a contract of manumission) buys the other spouse or part of him, their marriage is annulled".