Section 4Sec./Art. 4

Batil and Fasi Marriages

Article 31. Batil marriages. The following marriages shall be void (batil) from the beginning:

(a) Those contracted contrary to Articles 23, 24, 25 and 26;

(b) Those contracted in contravention of the prohibition against unlawful conjunction; and

(c) Those contracted by parties one or both of whom have been found guilty of having killed the spouse of either of them.

Article 32. Fasid marriages. The following marriages shall be irregular (fasid) from their performance:

(a) Those contracted with a female observing 'idda;

(b) Those contracted contrary to Article 30;

(c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud, deceit or misrepresentation;

(d) Those contracted by a party in a condition of death-illness (marad-ul-mault) without the same being consummated;

(e) Those contracted by a party in a state of ihram; and

(f) Mixed marriages not allowed under Islamic law.

Article 33. Validation of irregular marriages. (1) Irregular marriages may be made regular by a new marriage contract in the following cases:

(a) Those referred to in Article 32(a), after the impediment has been removed;

(b) Those referred to in Article 32(b), upon compliance with the requirement of Article 30;

(c) Those referred to in Article 32(c), after the causes vitiating consent have ceased;

(d) Those referred to in Article 32(d), in case the party recovers.

(e) Those referred to in Article 32(e), when the party is no longer in a state of ihram; and

(f) Those referred to in Article 32(f), after conversion to a faith that could have made the marriage valid.

(2) The effects of the new marriage under the first paragraph shall retroact to the date of the celebration of the irregular marriage.