Doubt about divorce does not invalidate the bond of marriage

28-9-2011 | IslamWeb

Question:

salam my question is that at one time i was having doubts if my marraige was valid because of something i said, but i continued to have intercourse and i had a child with my wife. what i said did not invalidate my marraige but at the time i was having alot of doubts. am i sinful for continuing to have intercourse with my wife before clearing up these doubts also does this have any affect on the relation i have with my son. JazakAllah

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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 is His slave and Messenger.

The rule established by the jurists is that certainty is not overruled with doubt. This is a great rule among the rules of Fiqh as it eradicates the doubts and the whispers that a person might have in his heart. Indeed, this rule is the best cure for these whispers and doubts.

Therefore, if you had married this woman an Islamic marriage [fulfilling all the pillars and conditions of a valid marriage], then she has become your wife, so do not take into consideration any doubt about this because what is confirmed with certainty cannot be overruled except with certainty as well. Hence, doubt about divorce does not invalidate the bond of marriage.

Therefore, we advise you to continue to have marital relations with your wife as if nothing happened and do not open the door for evil or help the devil against your own self.

Allaah Knows best.