Her husband refuses to renew their invalid marriage contract
1-4-2008 | IslamWeb
Question:
Asalam allaikum wa ramatullah wa barakatuh! I read Fatwa No. 105480 and as my Situation is the same as described there, I went with my children to my Parents and told my husband our marriage was invalid, I showed him the fatwa and also searched in the internet for another opinionm but didn't find. But he will not believe that our marriage is not valid. I told him we have to make a new marriage contract, but he don't want to, because he don't think so. It is immoposibel for me to live with him in one apartment beacause when Mohammed (sws) said that in this case a marraige is not valid, I belive in it 100% and would never doubt. What can I do if my husband still refusing to make a new marraige contract? If that would hold on, can I marry another man or would I need i that case a divorce from my husband, but by reason that the marraige with him isn't valid, he can not divorce me, right? Hoping for an early answer yours Amina
Answer:
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.
If your situation is similar to that which we mentioned in Fatwa 105480, and that your husband married you without the consent of your guardian, then the marriage contract is void according to the view of the majority of the scholars 
. Therefore, a new marriage contract has to be conducted so that marital relationship would continue between you and your husband.
You may seek the help of some pious and righteous people in order to convince your husband that this is an easy matter and the fact that the marriage contract was void does not mean that his children will not be traced back to him as he might think, or any other thing he fears might result from having a void contract.
However, if your husband insists on not renewing the marriage contract with you, then you are not permitted to marry another man until he divorces you or that your marriage contract with him is invalidated, because this is a controversial issue among the scholars .
If he refuses to divorce you, then you may take the matter to an Islamic centre in your country so that they would order him to renew the marriage contract with you or to divorce you, or that the Islamic centre divorces you from him despite his refusal in case he refuses both of the above options.