Invalid Marriage Conditional Divorce Not Effective
Question
As-salamu alaykum, Could you please tell me the position of the Hanbali and Shafi‘i madhabs regarding the validity of a conditional divorce when it was pronounced during an invalid marriage (with only one witness instead of two), and then the marriage was redone according to the proper conditions to make it valid? Do the other madhabs hold that if the condition is fulfilled, the divorce takes effect during the valid marriage?
Islamic Ruling & Answer
VerifiedWalekumussalam,
According to the Hanbali and Shafi‘i madhabs, since the first marriage was invalid (due to the lack of proper witnesses), the conditional divorce issued during it is also not (legally valid). Therefore, when a valid marriage is later conducted properly, that earlier conditional divorce does not have any effect on the new marriage.
In other madhabs as well, the general principle is the same: a divorce given during an invalid marriage has no credibility, so even if the condition is fulfilled later, the divorce will not take effect in the new valid marriage.
Answered by
Mufti Tosif Qasmi
March 22, 2026
Related Questions
Handling a Difficult Mother with Wisdom
Marriage Without Witnesses
Apologizing to non-mahrams-permissible?
Deep Study of Literature and the Quran
Embroidery Permissible
الطلاق أثناء السكر وحكمه الشرعي