Wednesday | 04 August 2021 | 25 Dhul-Hajj 1442
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Fatwa Answer

Question ID: 1320 Category: Marriage and Divorce
Question regarding marriage

I got married the 1st time when I was 16 years old. during the nikkah, my husband, his friend, the Qadi and I was present.  My parents did not consent to the marriage. Within 6 months of my marriage, I became pregnant with my first child. My husband and i would argue which resulted in misunderstandings among us. 

Then, he got married again in another country without telling me. When he came back and told me, I got upset and left to my parents house. Just out of revenge, I married again. 

I soon realized this was a big mistake because I was very unhappy in that second marriage and I got contact with my 1st husband again. 

We started seeing each other again. Soon I was pregnant with his child again. Because of society, we again couldnt be together so we just stayed apart. 

Recently, he is empahizing that he belives im still his wife and we should move in together. I also feel the same way. His second wife does not want so. 

I really want to follow the Qur'an and sunnah. Please advise me which marriage is valid. 

 

 

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

It is unlawful and haraam for a Muslim woman to marry another man while she is already married to a Muslim man. This marriage will not take place at all. And it is haraam for another man to have intercourse with this woman and it would be adultery.

It is absolutely not permissible for a woman to marry another man unless her first husband either divorces her or her first husband has died and her 'iddah’ of death has passed.

Therefore, in your case, your second marriage is not lawful in the presence of the first husband. The first marriage is valid. However, you should repent and seek forgiveness for this sinful act by reciting the prayer of repentance. صلاۃ التوبہ - and do not take any further actions based on your emotions.

وَحَاصِلُهُ أَنَّ الْمَانِعَ مِنْ النِّكَاحِ خَمْسَةُ أَوْجُهٍ، النَّسَبُ وَالسَّبَبُ وَالْجَمْعُ وَحَقُّ الْغَيْرِ وَالدِّينُ وَالتَّحْرِيمُ لِحَقِّ الْغَيْرِ زَوْجَةُ غَيْرِهِ

(ہندیہ: ۲/۴)

فقط واللہ اعلم بالصواب