Mufti Online — Madrasah Ta'leemuddeen

Nikaah with a woman who is still in her first husband's nikaah

· 28 Rabiʻ I 1447 AH1 min readEnglish

Question

I recently got married but we are now finding out that the girl did not get talaq from her first husband and the girl relied on a civil divorce to constitute the talaaq.

The first husband of this girl says he didn't institute talaaq and the civil divorce was only for the courts.

The second nikah has taken place before we found out. Is it valid?

Answer

If the previous husband did not issue a talaaq, then she is still in his nikaah. Your nikaah 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/36207
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-36207

Related fatawa