Irregular (Fasid) Marriage

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Irregular (Fasid) Marriage

Unread postby Admin » Mon Dec 02, 2013 11:53 am

Irregular (Fasid) Marriage
An irregular marriage like a batil marriage is also no marriage at all but it can be regularized in certain circumstances. A fasid marriage however is not capable of ratification by simple approbation there must be a separation of the parties first. While there is a clear irregularity in a fasid relationship, in contrast to the batil relationship the irregularity in this situation is of a temporary nature. Thus if the parties were to separate and the temporary bar removed there would be no reason why the marriage between the parties should not be reconstituted as a sahih union if the fasid marriage is consummated certain legal effects arise primarily that children of the union are legitimate, a dower is due to the wife and on separation the wife is obliged to observe an iddat period f rom the date of separation. The parties are also not liable to any penalties for committing zina. The distinction between batil and fasid was well described by Professor Anderson who in commenting upon Abu Hanifa’s view stated
“……. There was a clear and logical distinction between batil and fasid contracts of marriage. In the former the contact was vitiated in essence and there was no legal effect, in the latter the contact was good in itself and would have been valid in different circumstances but was illegal in this particular instance by reason of some divine prohibition.”
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