Episode 34 :

Descriptions of marriage contract and its subsequent impacts

Based on the conditions of the marriage pillars, the impacts resulting from the marriage contract is divided into four categories according to the Hanafi school of Fiqh, they are:

Invalid marriage (1)

It is the marriage which has lost one of its conditions such as marriage done by incompetent people who have concluded the contract by themselves such as the insane and the brainsick or a man has concluded marriage to definitely unmarriageable woman.

Such a contract has no meaning and is invalid as it is not done, so it does not make the woman lawful for the man, Mahr (mandatory gift to a bride from her groom), alimony, obedience, inheritance, divorce, and `Iddah (the waiting period) are not attainable. Moreover consummating marriage and having sexual intercourse is considered fornication which entails the application of the prescribed punishment if both spouses are acquainted with the ruling.

Corrupt marriage (2)

It is the marriage which has lost one of the conditions of its validity such as nonexistence of witnesses or the marriage was timed. Its ruling before consummating marriage is: It does not entail any of the marriage consequences: No `Iddah, no Mahr, and does not prohibit other women by affinity, lineage, or inheritance.

As for the ruling after consummating marriage and having sexual intercourse: There will be no prescribed punishment because of the doubt of marriage, the dower given to her mates should be paid and she should observe `Iddah, the child shall be attributed to his real parents, the prohibition of marrying unmarriageable women by affinity, but there shall be no inheritance nor alimony.

The difference between the invalid and the corrupt is: Invalid marriage does not need divorce, nor annulment, `Iddah is not observed, and Mahr is not paid without copulation.

Suspended marriage (3)

It is the marriage which is concluded by someone who has no guardianship. However, it is a correct contract but its validity is not effective and depends on the permission of the guardian or the husband. If the husband is mature, the permission is considered like a leave prior to the marriage contract, but if the copulation took place before the permission, it would be considered like the corrupt contract and would take the same ruling.

Effective marriage:

It is the marriage which has fulfilled the conditions, validity, and effectiveness of the marriage contract; and consequently takes the same ruling of the marriage contract such as:

1- The right of copulation. 2- The paying of Mahr. 3- Alimony unless the wife refuses to obey her husband. 4- Attributing the child to his real parents. 5- Inheritance. 6- The inviolability results from the affinity marriage.

 

(1) See: Al Mughny 7/344, Ad-Durar As-Suniyyah Fi Al Kutub An-Najdiyyah 8/192- 200.

(2) See: Al Mughny 7/343, Ad-Durar As-Suniyyah Fi Al Kutub An-Najdiyyah 8/192- 200.

(3) See: The book of Akhtilaf Al A'mmah Al `Ulama' 2/126 and Al Lubab Fi Al Jam` Bayn As-Sunnah Wal Kitab 2/666.

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