Fasid Marraiges

Zoyee · #1 Thursday, November 04, 2010

Fasid Marriages

The marriages mentioned under the title of temporary prohibitions are mostly the fasid marriages. Thus a marriage is treated fasid in the following circumstances:
1.Marriage contracted during iddah.
2.Marriage after irrevocable divorce to the divorces women.
3.Marriage wherein consent of either party is vitiated by coercion, fraud, misrepresentation.
4.Marriage contracted in state of ihram- (irham is impediment to validity of nikah)
5.A marriage contracted in the absence of witnesses.
6.A marriage with a fifth wife by a person having four wives.
7.Marriage with aunt and niece simultaneously.
8.Marriage contracted by adult virgin girl without the consent of guardian (Majority view point).

Legal Effects of Fasid Marriages

Following are the important legal effects of Fasid marriages:

1.If consummation did not take place the no dower is payable on the part of husband, nor is the observance of iddah, required on part of wife. But after the consummation of marriage the fixed or proper dower will be paid, whichever is less.
2.Wife is not entitled to maintenance.
3.Issues are considered legitimate if the women gave birth at least six months after consummation.
4.They are entitled to inherit from parents.
5.Couples do not mutually inherit.
6.Observance of iddah is necessary.
7.Separation becomes incumbent.
8.Union may be terminated by either party. Intervention of court for divorce is not necessary.
9.Neither the man nor woman would incur the punishment for adultery.

Validation of Irregular Marriage

Irregular marriage may be made regular by a new contract in the following cases:
1.That which is irregular because of iddah, after the impediment has been removed.
2.The marriage with a women repudiated thrice, can be validated thrice, can be validated after she enters an intervening, marriage, which is consummated, then divorced.
3.Where the consent is vitiated by coercion, fraud, after the cause vitiating consent has ceased.
4.In case they are in state of ihram, when they are no longer in ihram.

Difference between Valid, Void, and Irregular Marriages

Valid Marriage

A marriage which in accordance with the requirement of Shariah is a valid marriage and it will give rise to all legal effects i.e. legitimacy of children, their paternity and filiations, maintenance of wife, mutual inheritance etc.

Void Marriages (batil)

Void marriage is what which is prohibited under Islamic Law. Its is a marriage which does not exit from its beginning. It is called a marriage because two persons have undergone the rituals of marriage. No legal results accrue from this marriage.

Irregular Marriage (fasid)

Irregular marriage is defective marriage for failing to comply to certain conditions prescribed under Islamic Law. The compliance of those conditions renders them valid. The irregularity in a fasid marriage arises from some impediment is removed, it becomes a valid marriage i.e. marriage during iddah, when iddah is over, marriage is allowed.

Source: Family Law In Islam
Author : Dr. Muhammad Tahir Mansoori
An associate Professor (Islami Law) and Director (Research & Publications), Shariah Acedemy, International Islamic University, Islamabad.

Regards,

kashifahme · #2 Thursday, July 31, 2014

marrying without witness is fasid, right ?
i want to know how to finish this marriage ?