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[Ruling on One Who Claimed to Have No Family, Then After Marriage It Turned Out She Did]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18169
Number of views: 3
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[Ruling on One Who Claimed to Have No Family, Then After Marriage It Turned Out She Did]
Fatwa number: 18169
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Question

Question: A woman fled her family to a distant land. A man proposed to her person, and she agreed. He asked her about her family, and she said she was cut off, having no family, and swore to that. She then appointed a man from that land as her agent, and he concluded the marriage for that man, and he consummated the marriage. After a time it became clear that she did have family. What is the ruling?

Answer

Answer—and Allah grants success: The man must refrain from intimate relations with her until her family are informed of what occurred. If they ratify the marriage, there is no problem. If they refuse to ratify it, the matter is thereafter referred to the judge.
The difference between this case and the previous one is that in the present case she practiced deception by claiming to have no guardian despite his existence and her knowledge of his whereabouts, whereas in the first case the guardian was absent and neither the woman nor the suitor knew his whereabouts.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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