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Marriage contracts in terms of validity
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Valid (Sahih) contracts
If the a contract had all the pillars and conditions, then it is a valid contract. In valid contracts the result: Valid marriage, therefore not zina Dowry Expenses covered Shelter and living Inheritance. Children referred to both parents. A wife also has the following duties: Obeying in good Following and moving with the husband Children are to be considered from the husband The family relations and what results to it is not considerable
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Invalid contract No rights or responsibilities, and the relationship is Zina. Note: Hanafi scholars, do distinguish between invalid contracts from day one, and between some contracts that had some confusions in their details, in which they called فاسد. And due to some confusion in some detail, they would put them in consideration after a marriage had taken place. Such as: parenthood, waiting period, dowry and no punishment for zina. Example on a فاسد marriage: are marriages the scholars had different opinions about: mut’a marriage, no waliy marriage, or missing number of witnesses, or marrying the fifth when the fourth had not ended her waiting period for men.
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The difference between invalid (batil) and Fasid
Batil (invalid) fasid All scholars agreed that its invalid, and is therefore zina Punishment for zina No one can validate it not even the highest judge. No waiting period or financial rights or responsibilities. Does not prove parenthood Does not prove right of inheritance Scholars had different opinions on some of the details of its validity. No punishment Separation only takes place through divorce, or judge separation Before an actual marital relation taking place no rights are considered. In case of a marital relation, some rights are considered: parenthood
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