Effects of Void Marriage | No Inheritance, Illegitimate Children

*Batil Nikah Ke Asraat - Effects of Void Marriage*

*What is Batil Nikah (Void Marriage)?*

Batil Nikah is a marriage which is void from the very beginning - legally and in Shariah it has *NO existence.*

*Common Reasons Why Nikah Becomes Batil:*

- *• Nasab (Blood Relationship):*

- Brother - Sister

- Mother - Son / Father - Daughter

- Grandfather - Granddaughter etc.

- All relationships where Quran says Nikah is Haram forever

- *• Razaat (Milk Kinship / Foster Relationship):*

- Doodh Shareek Behen Bhai

- Foster Mother / Foster Daughter

- *• Musaharat (In-Law Relations in some cases):*

- Marrying wife's sister while wife is in Nikah

- Marrying mother-in-law after marriage etc.

*Rule:* In these relations, Nikah is *absolutely not allowed, even if both parties agree.*

*1. EFFECTS BETWEEN HUSBAND & WIFE - ZERO RIGHTS*

- *• NO Property Rights:* Husband wife cannot claim each other's property.

- *• NO Inheritance / Wirasat:* No share in each other's Wirasat after death.

- *• NO Mehr, NO Nan Nafqa:* No right of Mehr, maintenance, residence.

- *• NO Claim on Separation:* On separation, no one can claim any right as husband or wife, because Nikah never existed.

*Legal Principle: What is void from the start, cannot create rights.*

*2. STATUS OF CHILDREN - ILLEGITIMATE*

- *• Illegitimate Children:* Children born from Batil Nikah are considered *Najayez / Illegitimate.*

- *• NO Nasab from Father:* Paternity is not established from father.

- *• NO Inheritance from Father:* Children cannot get any share from father's property / Wirasat.

- *• Mother's Side:* According to some juristic opinions, child may get inheritance from mother only, but NOT from father.

- *• Pakistani Law:* In Pakistani Law also, such children have *NO legal lineage and NO inheritance right from father.*

*3. IMPORTANT LEGAL POINT*

- *• NO Talaq Needed:* In Batil Nikah, there is *no need for Talaq.*

- *• Why?* Because Nikah itself never happened.

- *• What to do?* Only *Declaration of Nullity (Elan-e-Butlan)* can be obtained from the Family Court to declare that this marriage was void ab initio.

*Reference:*

- Quran 4:23 (Muharramat)

- Muslim Family Laws Ordinance

- PLD 2015 SC on legitimacy

*Conclusion:* Batil Nikah = No Marriage = No Rights = No Inheritance.