What is the ruling on separating a couple who entered a void marriage that is not recognized under Islamic law, provided they converted to Islam before consummation or brought the matter before a judge?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a couple enters into a void marriage, such as marriage to a close female relative (*dhat al-rahm al-muharram*), and they embrace Islam before physical entry (*dukhul*), or if they present the case to a judge, they must be separated. No *mahr* (dower) is due to the woman because the marriage was void from its inception and is not ratified in Islam, and separation occurred before consummation. This ruling is supported by the position attributed to Ahmad regarding a woman from the Magian faith married to her brother or father; if she is divorced or widowed and seeks her *mahr* from Muslims, no *mahr* is due because the marriage was fundamentally void.