Divorce does not occur in marriage which is invalid by consensus Fatwa No: 277387
- Fatwa Date:3-1-2015
Divorce after Invalid nikah or nikah without wali. There are two type of fatwas I have seen on your website. One says there is no divorce as there is no nikah from the beginning. The other one states divorce occurs in a marriage where is a difference between ulema on its validity. Which one of them should be adopted?
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
In a marriage which is invalid by consensus, such as a marriage to a Mahram, a divorce does not occur (i.e. marriage is nullified without divorce). In a marriage about which the validity is disagreed, such as a marriage without a guardian, divorce does occur.
For more benefit, please refer to Fatwa 243013.
Allaah Knows best.