What is the ruling if the parties were unaware of the invalidity of the marriage?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the parties were unaware of the prohibition concerning the void marriage contract, no Hadd punishment is applied upon them due to the excuse of ignorance (Jahl). This principle is demonstrated by the action of Umar, who excused the couple from the Hadd because of their ignorance regarding the invalidity of their union.