Void Marriages in Islamic Law

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GROUNDS FOR VOID MARRIAGE:

 Prohibitions founded on consanguinity:  

The prohibitions founded on consanguinity are the same among the sunni as well as among the shias. No marriage can be contracted

(a) with the ascendants

(b) with the descendants

(e) with relations of the sound rank, such as brothers and sisters and their descendants

(d) with paternal and maternal uncle and aunts.

Marriage is forbidden on the ground of consanguinity with the following women’s:

 

  1. Mother and all female ascendant
  2. Daughter and all female descendants.
  3. Sisters and their daughter.
  4. Brothers daughter.
  5. Fathers sister.
  6. Mothers sisters.

Prohibition for affinity:

The second ground of absolute prohibitions is founded on affinity and this is created not only in case of valid or invalid contract of marriage, but also by adulterous intercourse. “Even a women who has been touched with desire” by a man becomes forbidden to his ascendants and descendants, and her female descendants and ascendants becomes forbidden to him.

Affinity:

Affinity in literal meaning a relation based on marriage as opposed to blood. Affinity prohibits to the man the following women.

  1. Mother in law.
  2. Wives daughter
  3. Son’s wife.
  4. Step mother.

Fosterage:

Marriage contract with foster mother and sister has been totally forbidden. All those relatives of a wet nurse who are for marriage purposes, unlawful for her children are also unlawful for those who have been suckled by the same wet nurse become foster brothers and sisters to each other and marriage contract among them becomes unlawful.

Marriage with thrice divorced wife:

Re-marriage of a thrice divorced wife with her former husband, without an intervening consummated marriage rendering her lawful to the first husband, is unlawful.

Marriage contract with a female married to another:

There is no difference of opinions among the jurists on the point that the female who is to be contracted into marriage with a male must be free from any other contract of marriage i.e., she must not be under the marriage contract of someone else.

Civil Marriage:

A view marriage which is not contracted in accordance with the tenets of shariah is a nulliity.

Marriage with Kitbiyyah:

A marriage of a Muslim male with a kitabiyyah dhimmiyyah is valid, but his marriage with kitabiyyah harbiya is un-desirable. However, marriage by Muslim female with non-Muslim of any classification in void.

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