Mufti Online — Madrasah Ta'leemuddeen

Marrying a married women

· 8 Safar 1440 AH1 min readEnglish

Question

I married a girl and she was already married to a guy. For the last 4 years he was in a jail due to some reasons... The family members doesnt have any information about their son. And his wife also dont have any information about her husband whether he is coming out or not. There was no information at all regarding her husband so we had done nikaah. Is it right or wrong? Is she still married to her first husband? Her husband was calling from jail and he was not saying whether he was coming out or not. Now after 4 years he came back to India. What must do?

Answer

If her previous husband did not issue a talaaq and nor did fask of the nikaah take place by any Islamic body (e.g. the jamiat ul ulama) then she is still in his nikaah. Hence, the nikaah you had performed with her is not valid.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/26863
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-26863

Related fatawa