Forged marriage contract: clarification
14-1-2014 | IslamWeb
Question:
I married a man and after a period of time we encountered some problems and I asked for divorce, but I was shocked when he told me that our marriage contract was forged. Am I going to be held accountable by Allaah for this, given that I had no idea that the marriage contract was forged? What is the punishment for such a husband?
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 you mean that your marriage contract lacked the due conditions and pillars of a marriage contract in Islam: such as the witnesses, the presence of the woman’s guardian or the like, then such marriage contract is defective; for it does not fulfill the due conditions and pillars of marriage contract in Islam. In this case, judicial termination of this marriage contract is needed; the husband should divorce his wife, and if he refuses, the judge should separate the two spouses and rescind their marriage contract; for in such cases the judge is entitled to use his personal judgment to choose the optimal solution out of the problem. Such a marriage entails judicial termination of the marriage contract just like the valid marriage whose validity is contentious among Muslim scholars.
However, this marriage entails all the due provisions and implications of a valid marriage in Islam such as: the right to inheritance, the obligation of 'Iddah, i.e. post-marriage waiting period, and the authentication of parentage.
On the other hand, if you mean that such a defective marriage was concluded while you were unaware of its invalidity, then your husband is to blame for that; for he deceived and hoaxed you into this marriage while knowing of its invalidity. Hence, this husband should turn to Allaah The Exalted in repentance from such a sin, give it up, regret committing it, and resolve not to repeat it ever again.
However, if you mean that your marriage contract was not registered officially, yet it met the due conditions and requirements of marriage in Islam such as: the presence of the woman’s guardian, the dowry, and so on; then, in this case, the marriage contract is valid as long as it met all the due conditions and pillars of marriage in Islam. Whether the marriage contract was registered or not is irrelative to the validity of the marriage contract in Islam; for registering marriage contracts was only legislated for the preservation and shielding of rights and so as to facilitate the official dealings properly, yet it has nothing to do with the validity of marriage contract in Islam.
It is worth mentioning that marriage is a serious issue in Islam; Muslims should be cautious and take all the due precautions before marriage; Muslims should first know all the due rules and implications of marriage. Moreover, we wish to advise this husband to heed Allaah The Exalted and not to manipulate a solemn covenant of which Allaah The Exalted Says (what means): {… They have taken from you a solemn covenant.} [Quran 4:21]
Furthermore, the Prophet, sallallaahu ‘alayhi wa sallam, said: “The worthiest conditions of fulfillment are the conditions which make it legal for you to have sexual relations, (i.e. the marriage contract).” [Al-Bukhari and Muslim]
You should also note that if the marriage contract was valid, then the wife is not entitled to demand divorce unless there is a valid reason under the Islamic Sharee'ah. The Prophet, sallallaahu ‘alayhi wa sallam, said: “Any woman who asks her husband for a divorce for no reason, the fragrance of Paradise will be forbidden for her.” [Ahmad and authenticated by Al-Arnaa’oot]
Moreover, we wish to warn that the husband should be kind to his wife, live with her in kindness, not abuse her or negatively exploit his rights over her as a husband.
Allaah Knows best.