What Are the Types of Annulled Marriages?

29 December, 2018
Q As-salamu `alaykum. I want to ask: when, according to Islam’s law, can marriage be annulled? Also, is secret marriage, i.e., without the knowledge and consent of parents, prohibited in Islam? Are forced marriages legal marriages according to Islam? Thank you.

Answer

Wa `alaykum as-salamu wa rahmatullahi wa barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

Marriage is null and void under the following conditions

1- Marriage of a Muslim woman with a non-Muslim.

2- If one of the spouses after marriage renounces Islam.

3- Where there is no consent, the marriage is considered null and void

4- Marriage with the intention of divorce.

5- Temporary or conditional marriage is not valid.

6- Asking a woman to divorce a married woman or vice versa in order to marry her or him.

7- If they place conditions in marriage, which are contrary with the fundamental objectives of marriage.

8- Same-sex marriage is invalid.

9- Secret marriage is not valid.

10- Marriage of a woman during her iddah.


In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

It goes without saying that Islam highly appreciates marriage considering it the only legal and honorable way for the survival of the humanity. There are many annulled marriages in Islam from which the forced one, as consent of both parties is a condition for a lawful marriage in Islam.

Marriage is null and void under the following conditions:

1- Marriage of a Muslim woman with a non-Muslim is not permissible in Islam. Such a marriage, if takes place, has no religious status. Likewise, a Muslim man cannot marry a non-Muslim who does not follow any of the revealed scriptures, or an agnostic.

2- A Muslim cannot marry a man or woman who, though coming from a Muslim background, does not recognize the fundamental beliefs or tenets of Islam, or if he or she legalizes that which has been considered haram in Islam.

3- A marriage is also rendered invalid if one of the spouses after marriage renounces Islam.

4- Since consent is a condition for the validity of marriage, where there is no consent, the marriage is considered null and void.

5- Marriage without parent’s consent can be a cause for the annulment of marriage, unless father’s objection is simply based on other than the valid considerations: that would be the case if they object to a marriage based on race, ethnicity, family status, wealth, etc.

6- Marriage of a person with impediments to marriage: as it would be the case for marrying close blood relations who are considered maharim (unmarriageable relatives) or milk relations as stated in the verse. (An-Nisaa’ 4: 23)

7- Marriage with the intention of divorce or for other than the valid purpose of marriage such as marriage for legal papers, etc.

8- Temporary or conditional marriage is not valid.

9- Marriage of a woman during her iddah or waiting period following divorce or death of her husband.

10- Asking a woman to divorce a married woman or vice versa in order to marry her or him.

11- If they place conditions in marriage, which are contrary with the fundamental objectives of marriage such as insisting on no consummation, or planning not to have children.

12- Since marriage is a sacred contract between man and woman, there is no room in Islam for the so-called same-sex marriage.

Based on this, a secret marriage is not considered as valid.

Since parents’ consent is a general condition, according to the majority of scholars, the marriage is deemed as invalid if there was no parental consent. However, if the parents’ objections are based on other than the criteria, acceptable in Islam as mentioned above, then marriage can be deemed as valid.

There is no room in Islam for forced marriages since the consent of both parties is an essential condition.

Allah Almighty knows best.