If a non-Muslim’s marriage takes place during the waiting period, and he considers it valid, should we register it for him?
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The questioner : May Allah reward you. Does the marriage contract take effect through offer and acceptance, or through written registration? If it takes effect through offer and acceptance, there is a contradiction in our case, because if we say it takes effect through offer and acceptance, then it has already taken place, and he has married a woman who is in her waiting period, and it has occurred...
The Shaykh : How did it occur previously?
The questioner : I mean, it occurred during the waiting period.
The Shaykh : This is not valid.
The questioner : Okay, we said it does not take effect.
The Shaykh : No, it is not valid, but he considers it valid; he does not believe it is invalid. He came to us while the waiting period is still ongoing. We do not confirm the marriage.
The questioner : We annul it.
The Shaykh : We do not confirm it. If he wishes to leave, he may leave as he pleases. He did not appeal to us for a ruling; he appealed to us only for confirmation. That is why there is no litigation with the wife. He said, “Write it for me.” We say, “We will not write it.” The meaning is the same as if a person came to you and said, “Write a contract for usury.” Would you write it? No, I would not write it. That means it would be assisting in sin.
The questioner : Is our writing based on his belief?
The Shaykh : It is based on his belief, whether it is valid or defective. However, if the impediment is still present now, we do not agree with him. If he came to us after the waiting period had ended, and he had married her during the waiting period while believing it to be valid, we would write it for him.
The Shaykh : How did it occur previously?
The questioner : I mean, it occurred during the waiting period.
The Shaykh : This is not valid.
The questioner : Okay, we said it does not take effect.
The Shaykh : No, it is not valid, but he considers it valid; he does not believe it is invalid. He came to us while the waiting period is still ongoing. We do not confirm the marriage.
The questioner : We annul it.
The Shaykh : We do not confirm it. If he wishes to leave, he may leave as he pleases. He did not appeal to us for a ruling; he appealed to us only for confirmation. That is why there is no litigation with the wife. He said, “Write it for me.” We say, “We will not write it.” The meaning is the same as if a person came to you and said, “Write a contract for usury.” Would you write it? No, I would not write it. That means it would be assisting in sin.
The questioner : Is our writing based on his belief?
The Shaykh : It is based on his belief, whether it is valid or defective. However, if the impediment is still present now, we do not agree with him. If he came to us after the waiting period had ended, and he had married her during the waiting period while believing it to be valid, we would write it for him.