Thursday, November 23, 2017 - 5 Rabi' al-Awwal 1439
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A mistake in the marriage contract

I was married in Paris. After obtaining a divorce in return for waiving my post-divorce rights, I remarried in Cairo by virtue of a legal contract. Unknowingly to me, my prior marriage in Paris was not recorded in the marriage certificate issued in Cairo. I would like the religious verdict on whether my official marriage contract which took place in Cairo is valid and free of any religious impediments.

Answer

If the case is as mentioned in the question, the second marriage conducted by virtue of an official document on 20 April 2004 is valid and is not affected by the non-documentation of the previous marriage in the marriage certificate. This is because including a wife’s virginity status is not an essential element of the marriage contract—it is neither one the pillars nor one of the conditions of marriage. If the wife’s prior marriage was not recorded with her knowledge, then this is considered lying which is prohibited though it does not affect the validity of the contract. Otherwise, there is nothing against her.

God the Almighty knows best.
 

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