The Q&A section is no longer active in taking new questions. We would like to thank every person who trusted us in providing reliable and accurate answers to questions and problems. Due to lack of time available from the Ulamaa in the UK, we are unable to continue with this service.
The section will however remain available as an archive of previously answered question. To ask new questions, please consider the Q&A support section on the forum where members can assist in locating available answers from Ulamaa.

nikah after nikah

Last updated: 26th September 2005
Question ID: #827
Short URL: http://qa.muftisays.com/?827
Printer Friendly Version Email this page
aiub patel
26th September 2005

 

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




Answer
Ulamaa
Ulamaa ID 05
Answer last updated on:
1st October 2005
Answered by:
Ulamaa ID 05
Website
Location: Batley, England

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