If a Nikah Was Invalid, Do Earlier Conditional Divorces Become Effective After Remarrying?

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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?

Mufti Tosif Qasmi · Accepted Answer

Walekumussalam,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.

If a Nikah Was Invalid, Do Earlier Conditional Divorces Become Effective After Remarrying?

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