There is no Need For Renewal

There is no Need For Renewal


Question :

Her husband died after she bore him two children, then a man proposed marriage to her with whom she had a relationship and meetings, so her paternal uncle and guardian decided not to give her in marriage to him. Then he (the guardian) gave her in marriage to one of her relatives who quickly paid the dowry and the contract was completed with her against her will. After the marriage, consent, agreement and acceptance took place. So is there any sin upon the two witnesses regarding this contract by force? And is it permissible to renew the contract?


Answer:

There is no objection to this contract which was completed between the two spouses, by mutual consent and agreement, and the fulfillment of the conditions and pillars. However, her guardians made a mistake by leaving her with that unrelated man before the contract, as a friend and companion for her when she was alone, because care for the Mahram necessitates preventing from mixing and preventing seclusion with unrelated men. At any rate, since the contract was completed with one of her relatives and she accepted him even though it was after the contract and agreement was reached, there is no objection and no need to renew it. And Allah is the Granter of success.


Source:
Ibn Jibreen.
Fatawa Islamiyah, Vol. 5 Pages 255-256

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