Is the claim of ignorance accepted regarding the prohibition of engaging in a void marriage?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

The statement of the person claiming ignorance regarding the invalidity of a marriage is accepted. This is supported by the precedent of Umar accepting the claim of ignorance concerning the prohibition of marriage during the waiting period (Iddah). Furthermore, the invalidity of certain marriages is often unknown and easily concealed from those who are not scholars.