fasid marriage
In Sunni (Hanafi) law a marriage is fasid when it suffers from a temporary or curable defect. Examples are a marriage without the required witnesses, with a woman undergoing iddat, with a fifth wife while four are living, with a woman of another religion other than a kitabia, or with two sisters at once (unlawful conjunction). Once the defect is removed the marriage can become valid.
Before consummation a fasid marriage has no legal effect. After consummation the wife is entitled to dower (the specified or proper dower, whichever is less) and must observe iddat, and the children are legitimate; but the spouses do not inherit from each other. Either party may end it at any time by words showing that intention. Shia law does not recognise the category: a marriage is either valid or void.
Example
A Hanafi marriage solemnised without witnesses is fasid, not batil, so a child born of it is legitimate.
In Indian law
- Muslim Personal Law (Shariat) Application Act, 1937 (applies Muslim personal law to marriage)
See also
batil marriage · nikah · iddat · mahr
Read more in the study notes
- Development of Muslim law and its schools (Family Law II - Mohammedan Law)
- Muslim marriage: nature, essentials and kinds (Family Law II - Mohammedan Law)
- Dower (mahr) (Family Law II - Mohammedan Law)
- Iddat and the legal effects of divorce (Family Law II - Mohammedan Law)
- Hiba: gifts under Muslim law (Family Law II - Mohammedan Law)
- Muslim marriage (nikah, mehr, talaq) and Christian marriage (Sociology - Indian Society Continuity and Change)