The Permissibility of Annulment of Marriage When It Is Without the Woman's Consent
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Question:
The first issue in this episode is a case sent by a listener from Sudan, (A. B. M.) from the State of Daw, our brother says regarding this issue: A man married a woman with her consent and with a valid contract with a guardian, a bridal gift, and witnesses. When he requested to consummate the marriage, she refused and claimed that she was forced to marry him. When the matter was referred to the court, the judge ordered the annulment of the contract, and the woman married another man without the consent of the first husband. My questions are summarized in the following issues:
Is the judge's annulment of the marriage valid? Is her marriage to the other man permissible? What should the first husband do?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
It is established from the Messenger of Allah (peace and blessings be upon him) that he said:Sahih al-Bukhari 6970 They said: O Messenger of Allah! How is her consent? He said: And in the authentic collections from him (peace and blessings be upon him) that he said: So if she was forced, the marriage is not valid, and what the judge did is correct. May Allah reward him with good and reward him.
And her marriage is valid; her last marriage is valid if it has fulfilled the conditions of the Shari'ah; because there is no waiting period for her. The marriage was defective and he did not consummate it. Even if she had been divorced before consummation, there would be no waiting period for her, so how about a defective marriage! Yes.
The presenter: May Allah reward you with good.
The first issue in this episode is a case sent by a listener from Sudan, (A. B. M.) from the State of Daw, our brother says regarding this issue: A man married a woman with her consent and with a valid contract with a guardian, a bridal gift, and witnesses. When he requested to consummate the marriage, she refused and claimed that she was forced to marry him. When the matter was referred to the court, the judge ordered the annulment of the contract, and the woman married another man without the consent of the first husband. My questions are summarized in the following issues:
Is the judge's annulment of the marriage valid? Is her marriage to the other man permissible? What should the first husband do?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
It is established from the Messenger of Allah (peace and blessings be upon him) that he said:
A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted.
لا تنكح الأيم حتى تستأمر، ولا تنكح البكر حتى تستأذنThat she remains silent.
أن تسكتAnd the father of a virgin girl seeks her permission, and her permission is her silence
والبكر يستأذنها أبوها وإذنها صماتهاAnd her marriage is valid; her last marriage is valid if it has fulfilled the conditions of the Shari'ah; because there is no waiting period for her. The marriage was defective and he did not consummate it. Even if she had been divorced before consummation, there would be no waiting period for her, so how about a defective marriage! Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.