Thursday, March 07, 2013
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Senior Member
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Join Date: Oct 2010
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1. A marriage which is not valid may be either void or irregular.
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- 2.A void marriage is one which is unlawful in itself, the prohibition against the marriage being perpetual and absolute. Thus, a marriage with a woman prohibited by reason of consangunity (S.250), affinity (S.251), or fosterage (S.252), is void, the prohibition against marriage with such a woman being perpetual and absolute.(a) (Women within the prohibited degree are called Mooharim) (or Mehram).
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- 3. An irregular marriage is one which is not unlawful in itself, but unlawful “For something else,” as where the prohibition is temporary or relative, or when the irregularity arises from an accidental circumstances, such as the absence of witnesses. Thus, the following marriages are irregular, namely–
- a marriage contracted without witnesses (S. 244):
- a marriage with a fifth wife by a person having four wives (S. 255) ;
- a marriage with a woman undergoing iddat (S. 247) ;
- a marriage prohibited by reason of difference of religion (S. 249) ;
- a marriage with a woman so related to the wife that if one of them had been a male, they could not have lawfully intermarried. (S. 253).
- The reason why the aforsaid marriages are irregular, and not void, is that in case (a) the irregularity arisen from an accidental circumstances ; in clause (b) the objection may be removed by the man divorcing one of his four wives ; in clause (c) the impediment ceases on the expiration of the period of iddat ; in clause (d) the objection may be removed by the wife becoming in convert to the Muslim, Christian or Jewish religion, or the husband adopting the Muslim faith ; and in clause (e) the objection may be removed by the man divorcing the wife who constitutes the obstacle ; thus, if a man who has already married one sister marries another, he may divorce the first, and make the second lawful to himself. (Baillie, pp, 150-555.
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Without witness is irregular marriage .Question is wrong or book is ,In Mullah book it irregular marriage that held without witnesses I molded the question somehow ,if without witness(irregular marriage ) would not be converted in to valid ,then it would become void
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The irrevocable divorce has five types:
1) The divorce of the woman who has not completed nine years of age.
2) The divorce of the menopausal woman (Yaa`isah) who has passed fifty years of age.
3) The divorce of the woman whom her husband had not had intercourse with her after the marriage.
4) The divorce of the woman who has been divorced three times.
5) The Khala' and Mubaara`ah divorce whose explanation is coming afterward.
Whatever is aside from these are the revocable divorce (Raj'i), meaning that it is permissible for the man to return to his wife during the seclusion ('Iddah) without need of renewing the contract.
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I answered ; Talke-bidat , talak-e ahsan without cohabitation and Illa which is conditioned to future happening or husband announces that he has no interest in this contract so divorce thee..:P
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"Wa tu izzu man-ta shaa, wa tu zillu man-ta shaa"
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