Is a religiously-sanctioned marriage contract with a girl valid if she was previously forced into a civil contract, knowing that her guardian was negligent in prayer and hostile to religion, and does the religiously-sanctioned contract permit anything?
The guardianship of a non-Muslim over a Muslim woman in marriage is not valid. This is the opinion of the majority of scholars, because Islam is a condition for the validity of guardianship. If the father of the girl is an apostate, this prevents him from having guardianship over her marriage, but his apostasy needs to be proven. If the girl was married by her father, and his apostasy was not proven, or she was not pleased with the marriage, then it is not permissible for her to be contracted to another husband as long as she has not separated from the first husband by divorce or annulment, as the first contract may be valid. If the first contract was invalid, then it is not permissible to marry her to anyone else until the first contract is annulled or the first husband divorces her. It is recommended to present the matter to the Sharia court or to scholars to ascertain the validity of the new contract.
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- 145627
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