Issuing divorce to end an invalid marriage takes effect as an irrevocable divorce
1-5-2015 | IslamWeb
Question:
Aslam o alaikumYa sheikh. I married a girl without a guardian.We kept it secret and lived with our families met once or twice and consummated. We came to know that the nikah is invalid so I said to the girl that there is no relationship between us as a husband and wife. I said this to her so that the things are clearer among us that this relation has ended. later i came to know to end an invalid nikah divorce should be given so i said to her i give you talaq just to be on the safe side. After a month we met somewhere and before leaving i kissed her on her cheeks, a good bye kiss but then later i thought kiss may mean reconcilation so i said that to her again that i divorce you. In all this time we didnt stay together not acted as husband or wife. i used the words of divorce on two occasions after declaring to each other that there wasnt any nikah so we are not in any relation. I just wanted to ask was the annulment completed when we declared that there wasnt a relation or the relation ended after the first time i said to her i give you divorce?We didnt go to any judge or imam as nikah was secret so we ended it with mutual consent.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Marriage without the guardian is invalid because the consent of the guardian is a condition for the validity of the marriage according to the preponderant view of the scholars; please refer to Fatwa 83629.
As you know, separation in such a marriage should be done by invalidating the marriage or by divorce; please refer to Fataawa 195979 and 92478.
Therefore, it becomes clear that a judge is not required to nullify the marriage; rather, it is enough for the husband to issue divorce, and the divorce in this case takes effect as an irrevocable divorce.
By you saying to her, "you are divorced", an irrevocable divorce takes effect and kissing her after that does not have any effect but you must repent from kissing her because this is not permissible. For more benefit, please refer to Fatwa 86527.
Allaah Knows best.