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A Woman Remarried Without Divorcing Her First Husband.
The first marriage was the court marriage and she was afraid to tell her family about it. The first husband was out of the country and they had a fight and they were not talking to each other for one year. She got a proposal through her family and she accepted it. Now she is living a happy life with her second husband and kids.
What she or her first husband should do now?
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19 Replies
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A Woman Remarried Without Divorcing Her First Husband.
updated 3 years, 8 months ago
4 Members
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19
Replies
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In my understanding, if she did not get a divorce from her first husband then her second marriage is not legal. She should get a formal divorce from her first husband and deeply repent to God for this grave mistake.
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She is not in contact anymore with her first husband. And what if she contacts him and he denies to divorce her? It was a mistake of a young age, She is living a respectful life with her second husband and kids now. Should she reveal her mistake to her family (Parents, Husband, kids, and other family members) now or just repent to God and ask His forgiveness?
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It is not permitted for women to marry another man without divorcing the first husband.. it is a sin. Only a man is permitted to do it.
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A group of scholars say that nikkah without wali and undeclared marriage has no place in Islam in this way the first marriage was not valid and the second which is an announced marriage with the consent of wali is a real nikkah.
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The Shafi’i, Maliki and Hanbali schools say that nikah entered into by a woman herself, without the permission of her wali, is invalid and void. However, the Hanafi ruling on the said matter is that a woman can enter into a marital contract by herself without the permission from her wali.
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I have a question here why should a woman ruin her happy marriage life for a man who is a cheater, insincere and irresponsible. Who has no concerns about her why should she do that. In my opinion her second marriage is valid because it has fulfilled all the conditions of new nikkah.
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There’s no mention of cheating, insincerity, or irresponsibility in the question.
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She is not in contact with her first husband even they couldn’t disclose their nikkah what does it mean?
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It means that she is not in contact with him. It does not imply that he cheated or was insincere. I’m not discounting that possibility, but we should refrain from drawing our own conclusions and basing any advice upon them in sensitive matters like this.
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Sister @Ayema, you are absolutely right. I completely agree with your opinion. She should not ruin her existing life but how would she come out of the guilt of sin? Was it a sin and what she can do as the atonement?
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In my opinion either the first nikah was not valid because all the requirements were not fulfilled, or the second nikah is not valid because the divorce from the first nikah didn’t take place. Of course this kind of issues require much deeper understanding of the problem. My suggestion to you is that the woman should seek council from a qualified scholar. Should you choose to do so, please send me a PM and I can try to arrange that for that.
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That’s why I sent you the opinion of scholars that nikkah without wali and announcement is not valid. Wali is father and brothers and they even didn’t know about that nikkah. You also can research the opinions of others scholars and accept that which solve your problem without any lose.I am not a scholar so my opinion has no importance on this matter.
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Answe it plz brothers Faisal and Umer
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There is no requirement of a wali for nikah to be valid.
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Secret marriage
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Jazak Allah khair
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I can feel the worries and anxiety of that woman May Allah protect our daughters from this situation and all evils Ameen suma Ameen
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Jazak Allah Khairan for all of your efforts.
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