Fatwa by: Former Grand Mufti of Saudi Arabia, Sheikh Ibn Baz (may Allah have mercy on him)
Question:
A woman sought legal assistance from a lawyer to obtain her share of her father’s inheritance. The lawyer demanded a fee that she could not afford, so he proposed marriage to her in exchange for his services, even though she was already married. Her husband was not present as he was working abroad. The woman, with the lawyer's assistance, filed for annulment of her marriage without contacting her husband, despite having his contact details. The husband regularly sent financial support for his wife and their children—a daughter of eleven and a son of eight. What is the ruling on this marriage? Who is responsible for the custody of the children?
Answer:
There is no doubt that this is a serious, heinous, and forbidden crime. It is also a deceitful scheme, as the woman is still in the bond of marriage with her current husband. Her husband has been sending financial support for both his wife and children. Furthermore, the lawyer’s efforts to annul her marriage so he could marry her himself are illegitimate. It was entirely possible to contact the husband, hear his side, and give him a reasonable time period to respond.
In such circumstances, if the annulment of the marriage is carried out by a legitimate Islamic judge, based on valid reasons and justification, the marriage can be considered annulled. However, if there were no valid reasons or justification for the annulment, it is impermissible, and the woman remains the wife of her first husband. Any subsequent marriage would be unlawful.
As for the children, custody should remain with the mother. However, if the second husband creates obstacles regarding their upbringing, custody can be transferred to close relatives of the mother or father. If the father returns soon, he has the right to request custody according to his discretion.
In conclusion, this case involves a clear violation of Islamic principles, and the lawyer’s actions are deeply sinful.
Question:
A woman sought legal assistance from a lawyer to obtain her share of her father’s inheritance. The lawyer demanded a fee that she could not afford, so he proposed marriage to her in exchange for his services, even though she was already married. Her husband was not present as he was working abroad. The woman, with the lawyer's assistance, filed for annulment of her marriage without contacting her husband, despite having his contact details. The husband regularly sent financial support for his wife and their children—a daughter of eleven and a son of eight. What is the ruling on this marriage? Who is responsible for the custody of the children?
Answer:
There is no doubt that this is a serious, heinous, and forbidden crime. It is also a deceitful scheme, as the woman is still in the bond of marriage with her current husband. Her husband has been sending financial support for both his wife and children. Furthermore, the lawyer’s efforts to annul her marriage so he could marry her himself are illegitimate. It was entirely possible to contact the husband, hear his side, and give him a reasonable time period to respond.
In such circumstances, if the annulment of the marriage is carried out by a legitimate Islamic judge, based on valid reasons and justification, the marriage can be considered annulled. However, if there were no valid reasons or justification for the annulment, it is impermissible, and the woman remains the wife of her first husband. Any subsequent marriage would be unlawful.
As for the children, custody should remain with the mother. However, if the second husband creates obstacles regarding their upbringing, custody can be transferred to close relatives of the mother or father. If the father returns soon, he has the right to request custody according to his discretion.
In conclusion, this case involves a clear violation of Islamic principles, and the lawyer’s actions are deeply sinful.