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batil marriage

Arabic/Persian · BAA-til · Family and succession

Meaning. A void marriage under Muslim law, which creates no rights or obligations at all.

Under Muslim (Hanafi) law a marriage is batil (void) when it violates a permanent or absolute prohibition: marriage within the prohibited degrees of consanguinity, affinity or fosterage, or marriage with the wife of another man still subsisting. Such a marriage is a nullity from the start.

It creates no civil rights between the parties: no right to dower if unconsummated, no mutual inheritance, and the children are illegitimate. Contrast a fasid (irregular) marriage, which breaches only a temporary or remediable impediment, such as marrying a fifth wife or a woman during iddat, or marrying without witnesses; it can be regularised, and if consummated it gives dower and legitimacy to the children.

Example

A Muslim man's marriage with his wife's mother is a batil marriage, because affinity is a permanent bar, so the children of it would be illegitimate.

See also

fasid marriage · nikah · muta marriage · degrees of prohibited relationship

Read more in the study notes

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