Source: http://qa.muftisays.com/?827
Question ID: #827
 
Question: nikah after nikah

I would like to know


A girl got married recently but we found out that she already made nikah with someone else few weeks earliar so what happens to her second marriage and if she wants to stay with second husband what is the solution and she is expecting from second marriage if she wants to stay with second husband what is the solution and she says she was forced to get married to the first husband




 
 
Answered by: Ulamaa ID 05 (Batley, England)
Date: 01/10/2005 11:01am

Answer


In the name of Allah the Greatest

The second Nikah is invalid. The two are not and never were husband and wife, because the girl is already married to someone else. It is forbidden for them to be together! (Al-Hidayaa)

However, It is not deemed as Zina (Fornication, Adultery) for the groom because he was unaware the girl who he married was already married. Because of his lack of knowledge of this fact it does not constitute as Zina (Shami Vol.2 Pg 380). For the girl it is Zina because she knew what she was doing, that is she was marrying while being in wedlock with another.

You say that the girl in question is expecting from her second marriage. Before one is able to answer the reminder of your enquiry can you please reply to the following questions.

? How long has she being in this invalid second marriage?

? Why do you assume it is the child of the deceived and mislead second groom?

We look forward to your reply

And Allah knows best
26th September 2005


Reference


Shami Vol.2 Pg 380


Badaeus Sanae?e Vol.2 Pg 550


Al-Hidayah
Mufti Abubakr Karolia
Batley, U.K
Founder of the "Islamic Foundation for Theology and Research" (I.F.T.A.R)
 
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