What is the ruling on a marriage contracted while one or both parties are in the state of Ihram?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
The marriage contract is void when a person in the state of Ihram performs the marriage (marries someone, gives someone in marriage, or is married off). This ruling applies whether all parties involved (the contracting parties, the guardian, or the representative) are in Ihram or only some of them. The prohibition necessitates the invalidity of the contract, similar to contracting a marriage with a woman while simultaneously married to her paternal or maternal aunt.
Supporting text
There is a narration from Ahmad stating that he would not annul a marriage where the guardian (*wali*) was in Ihram. Some scholars interpret this to mean that if only the guardian or the representative is in Ihram, the marriage is not invalidated. However, the established school position maintains the invalidity. Ahmad's statement is reconciled by arguing that he would not annul it because the matter is subject to scholarly disagreement.