Difference Between Void (Batil) and Invalid (Fasid) Marriages

17/05/2018 Difference between Void (Batil) and Invalid (Fasid) Marriages
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Difference between
Void (Batil) and
Invalid (Fasid)
Marriages
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In Muslim law, marriages are of three kinds:
(i) Sahih i.e., true, which is a completed valid contract;
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(ii) Batil i.e., bad in its foundation, and one which is a

completely void agreement; and
(iii) Fasid, i.e., irregular, or one which is good in its

foundation, but unlawful in its attributes. In the batil and
fasid kinds of marriages, there are no mutual rights of
inheritance between husband and wife.
In Muhammadan law, marriages that are not valid may be

either irregular (also sometimes referred to as invalid) or
void. This distinction is peculiar to Sunni law alone. Under
Shia law, marriage is either valid or void. Marriages that are
irregular under Sunni law are void according to Shia law.
The following are the three important points of difference

between a void (batil) and an invalid (fasid) marriage:
1. As to Definitions:
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A batil marriage is altogether illegal, and does not create

any civil rights and obligations between the parties. In such
cases, there is neither dower, nor iddat, nor legitimacy of
the children. Thus, a marriage which is prohibited on the
ground of consanguinity, affinity, or fosterage, is void, the
prohibition against such a marriage being unconditional and
absolute. Similarly, a marriage with a woman who is the
lawful wife of another is void.
An irregular (fasid) marriage, on the other hand, is good in

its foundation, but unlawful in its attributes because of the
lack of some formality or the existence of some impediment.
The lack of formality may subsequently be made up, or the

impediment may subsequently be removed. In other words,
such a marriage is not unlawful in itself. Thus, in a marriage:
(i) Without witnesses, the irregularity arises from accidental

circumstances, and may be removed by a subsequent
acknowledgement, express or implied, before sufficient
witnesses.
(ii) Without the guardian’s consent, the objection may be

removed if the guardian subsequently ratifies it.
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(iii) With a fifth wife, the impediment may be removed by the

husband divorcing one of his earlier four wives,
(iv) With a woman undergoing iddat, the impediment ceases

on the expiration of the period of iddat.
(v) With an idolator or fire-worshipper, the impediment may

be removed if the woman is converted to Islam.
(vi) With a woman so related to the wife that if one of them

had been a male, they could not have lawfully inter-married,
this impediment may be removed by the man divorcing the
wife who constitutes the obstacle. Thus, if a man, who has
already married one sister, marries another, he can divorce
the first, and thus regularise the second marriage.
[All these are instances of invalid (fasid) marriages.]
2. As to their Legal Effect:

The effect of a batil marriage is that it creates no civil rights

or obligations between the parties, but after consummation,
the wife becomes entitled to customary dower only.
A fasid marriage has no legal effect before consummation.

Even after consummation, the husband and wife have no
mutual rights of inheritance between themselves, but the
issues of such a marriage are legitimate. If consummation
has taken place, the wife is (i) entitled to dower, proper or
specified, whichever is less; and (ii) bound to observe iddat.
3. As to Issues of the Marriage:

The issues of a void (batil) marriage are illegitimate; those
of a fasid marriage are legitimate.
A valid Muslim marriage confers upon the wife the rights of

(i) Dower; (ii) Maintenance; (iii) Suitable matrimonial
residence; (iv) Equal affection and impartially, if she has a
co-wife; and (v) Right to the society, and up-bringing of her
infant children, even in case of a divorce.
A Muslim marriage imposes upon the wife the obligations (i)

to be faithful and obedient to her husband; (ii) to admit him
to sexual intercourse, due regard being had to health and
decency; (iii) to suckle her own children, if the husband
cannot afford a wet nurse, and (iv) to observe iddat.
A Muslim marriage creates between the parties prohibited

degrees of relationship and reciprocal rights of inheritance.
It also confers upon both the parties the right to marital
confidence. But the husband acquires no rights over his
wife’s property.
Home ››
Related Essays:
1. What is Fasid (Irregular Marriage) under Muslim Law?
2. What are the Effects of a Fasid (Irregular) Marriage
under Muslim Law?
3. Difference between Void and Voidable Marriages
4. What is Batil (Void) Marriage under Muslim Law?
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Difference Between Void (Batil) and Invalid (Fasid) Marriages

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17/05/2018 Difference between Void (Batil) and Invalid (Fasid) Marriages

(i) Sahih i.e., true, which is a completed valid contract;

(ii) Batil i.e., bad in its foundation, and one which is a

(iii) Fasid, i.e., irregular, or one which is good in its

In Muhammadan law, marriages that are not valid may be

The following are the three important points of difference

A batil marriage is altogether illegal, and does not create

An irregular (fasid) marriage, on the other hand, is good in

The lack of formality may subsequently be made up, or the

(i) Without witnesses, the irregularity arises from accidental

(ii) Without the guardian’s consent, the objection may be

(iii) With a fifth wife, the impediment may be removed by the

(iv) With a woman undergoing iddat, the impediment ceases

(v) With an idolator or fire-worshipper, the impediment may

(vi) With a woman so related to the wife that if one of them

[All these are instances of invalid (fasid) marriages.]

2. As to their Legal Effect:

The effect of a batil marriage is that it creates no civil rights

A fasid marriage has no legal effect before consummation.

3. As to Issues of the Marriage:

A valid Muslim marriage confers upon the wife the rights of

A Muslim marriage imposes upon the wife the obligations (i)

A Muslim marriage creates between the parties prohibited

Before publishing your

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