What are the legal consequences of a null marriage ('Fasid') compared to a valid marriage regarding Li'an (mutual imprecation)?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

A null marriage is equivalent to a valid marriage concerning Li'an if there is a child whose paternity the husband wishes to negate, because lineage is established subsequent to this act. If no child exists, there is no Li'an, as there is no need for it. In a null marriage, the wife must observe the waiting period ('Iddah') associated with seclusion, the waiting period for widowhood if death occurs, and the obligation of mourning ('Ihdaad'), all as a precaution.

Supporting text

The null marriage differs from the valid one in that inheritance is not established, the husband is not permitted sexual relations with the wife, the third divorce is not nullified by intercourse, 'Ihsan' (chastity status) is not established by intercourse, the ruling of 'Ilaa'' (vow of abstinence) is not established by an oath, and divorce during menstruation is not prohibited.