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Unfaithfulness, Second Marriage, and the Validity of Nikah: My Story

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My wife and I separated due to her being being unfaithful. She was pregnant with my child at that time and I didn’t issue her with her 3 Talaaqs. During the period of separation the guy she was caught with went and got one of his “contact moulanas” to do another nikah with my wife.

1. So I need to know what is that status of my marriage?

2. Is her second marriage valid?

3. If she wants to come back must we make nikaah again or I just take her back?

4. How do we go about reporting moulanas who mislead and do wrong things?

Bismillaah

A:

1 – 3. If you have not yet issued talaaq then she is still in your marriage.

4. You may refer your problem to some ulama body.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Original Source Link

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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