Question ID: 27503

Assalamualaykum Mufti,

The following is from an excerpt I read:

“Now, this leaves us with the definitions of a corrupt (fasid) and an invalid (batil) marriage, and the difference between the two.

Allama Ibn Abidin (Allah have mercy on him) states in his renowned Radd al-Muhtar, quoting from al-Bahr:

�Every marriage regarding the permissibility of which scholars have differed such as marrying without witnesses, (will be considered corrupt/fasid), hence consummation of such a marriage would necessitate a waiting period (idda). However, marriage with a married woman or a woman observing her waiting period (due to divorce) would not necessitate a (new) waiting period (idda) in case of consummation, if one was aware that she was already married, as no one has deemed it (i.e. marrying a married woman) permissible, hence the marriage was not establish from the outset.� (Radd al-Muhtar, 3/516)

Imam al-Tahtawi (and not Tahawi) mentions that an example of a corrupt (fasid) marriage is marrying without witnesses, and the example of an invalid (batil) marriage is to marry a married woman knowing that she is married or marrying without proper words of offer and acceptance. (See: Tahtawi ala al-Durr, 2/221)
In light of the above, we can conclude that the difference between a corrupt (fasid) marriage and an invalid (batil) marriage is:

Corrupt (fasid): That which there is a difference of opinion amongst the various Sunni Mujtahid Imams regarding its permissibility or otherwise such as marrying without witnesses, as Imam Malik (Allah have mercy on him) is of the opinion that having a specific number of witnesses is not a necessary condition (though it is necessary to publicize the marriage as much as possible), and also a contract where the corruptness is not in its essence.

Invalid (batil): That which is invalid and forbidden according to all the Mujtahid Imams, and where there is a fault in the essence of the contract, i.e. something is wrong with the offer and acceptance or the actual people marrying such as marrying a married woman.

The case with temporary marriage (mut�a) is that, firstly, all of the Sunni Schools of Islamic law are in agreement that a temporary marriage (mut�a) is both forbidden and invalid (batil), hence no (Sunni) Imam is of the opinion that it is permitted”…

With Regards to the above excerpt,Does a fasid(corrupt)marriage count in Islam or is it classified as adultery?

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Asked on February 18, 2009 12:00 am
Private answer
As Hanafis fasid in not valid. Hence consumation is adultary.
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Answered on February 18, 2009 12:00 am