FatwaFederal TerritoriesMarriage & Family
AL-KAFI # 1519 : STATUS PERKAHWINAN YANG DIANGGAP OLOK-OLOK
Is a marriage contract valid if it was staged as a pretence using another living woman's name and identity card, with her knowledge?
Short answer
The fatwa rules that the first marriage contract is valid even though it was regarded as a pretence.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The fatwa rules that the first marriage contract is valid even though it was regarded as a pretence. The bride was specified by the name on woman B's identity card, woman B is alive and knew she was being married off by her father as a compelling guardian (wali mujbir), and the intention to marry appeared in the clear offer and acceptance wording. Marriage, divorce and revocation of divorce may not be treated as a joke, since the hadith narrated by Abu Daud counts jest in these matters as serious.
Written in our own words from the original fatwa — check the source before acting on it.
Oleh itu, perkahwinan yang dianggap olok-olok tersebut sah disisi syarak. Bab perkahwinan perkara yang tidak boleh dibuat main-main.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI # 1519 : STATUS PERKAHWINAN YANG DIANGGAP OLOK-OLOK”, 13 January 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3973-al-kafi-1519-status-perkahwinan-yang-dianggap-olok-olok. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/validity-of-pretend-marriage-using-another-identity-card/