Lying about real reason for renewing invalid marriage contract
Fatwa No: 352432

Question

After one year of marriage, a couple came to know that their marriage was invalid. Now they want to renew their marriage, but they cannot tell their families the real reason of the invalidity of the marriage. So, since they live in a foreign country, they will say that they need a video of the marriage for the visa process and that that is why they are doing the marriage again, without telling their families the real reason. They will do their marriage in the pressence of the Wali (legal guardian) of the girl and two male Muslims. Will this marriage be valid?

Answer

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If this marriage is invalid, as mentioned, then the marriage contract must be renewed if the spouses wish to continue their marital life. They are not obliged to inform their families about the true reason for the invalidity of their marriage, but it is not permissible to lie unless there is no other means to achieve the objective. Whenever it is possible to use Tawriyah, then this is better. Tawriyah means saying something which has more than one meaning and intending a meaning different from what the listener is likely to understand.

Ibn Al-Jawzi said in Kashf Al-Mushkil:

"Lying is not forbidden in itself, but it is forbidden due to the harm that it causes. The speech is a means to achieve objectives, so every noble purpose that can be achieved both by telling the truth and by lying, then it is forbidden to tell a lie in it. And if it is possible to achieve it by lying and not by telling the truth, then lying about it is permissible if achieving that purpose is permissible in itself, and lying is obligatory if the purpose is obligatory … but a person should avoid it and use Tawriyah as much as possible."

For more benefit, please refer to fatwa 351313.

If the marriage is concluded while fulfilling the conditions of a valid marriage, then it is a valid marriage. Its validity is not affected by not mentioning the real reason for renewing it or by saying that it is in order to complete the visa process and so forth.

For more benefit on the conditions of a valid marriage, please refer to fatwa 83629.

Allah knows best.

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