I want some answers please help me out because one of my best friend Rizwan is entangled in such situation. Brief story of my friend Rizwan is as follows: Actually Rizwan got married earlier and now again he fall in love with a married girl but unfortunately she got divorced by her husband. Now girl’s parents want to marry her daughter in another place meanwhile she flew away with Rizwan and she pressed him to get marry. She came with Rizwan after one month of divorce. Now situation was so critical then Rizwan asked to one Mufti/Hafiz in Bihar about marriage that they can marry with each other before completing iddah period or not then Hafiz sb. told to Rizwan that both of you can do marriage but both of you will remain separate because Nikah is allowed in iddah period but girl’s rukhsati is not allowed. Then they got married before completing girl’s iddah period. Now they are living together happily since last 3 years yes Rizwan told to his first wife and parents about his second marriage but still they are in dilemma that Rizwan did marriage or not because he is busy in his work and mostly live with parents and first wife but within2-3 days he spends time with 2nd wife too. He is looking after both the wives very sincerely therefore sometime first wife and parents think that that is rumour but seldom Rizwan’s first wife argue with Rizwan when Rizwan told her that please do not hurt me again and again leave me calm and happy if I will be happy definitely you will be happy if my mind will be unstable then you will be in trouble but she always try to make difficult situation. Now at till there is no child from 2nd wife but one daughter from first wife and she is most lovable in family, she is heart of every members. Still Rizwan takes care of his both wives very sincerely, rarely I am so astonished that how he is managing all such critical situation I can feel how he is taking mental pressure along with physical too. Actually he started new business and he is expanding market for his product, to maintain dealers network, purchase raw goods, maintain finance or all balance sheet, payment collection, tours, maintain two wives expenses, younger brother expenses, investment plan, market strategy, etc and after that first wife’s cold war. From my point of view that whatever Rizwan did that is not good for any first wife but if it happened fortunately or unfortunately then a wise wife can try to manage all situation and she must try that her husband love her much. She must be aware that if she will do cold war most of the day then what will happen husband will get angry and result will be divorce or he will not give attention to first wife. If she will do cold war then distance will come between wife and husband, because in Rizwan situation I feel. Rizwan says me that I want peace because I have to develop my business so want concentration if I will be entangled in cold war then I could not concentrate on my business and if I will not concentrate then my career will finish with wife and my younger brother. So lots of burden. Whatever done Rizwan that is past we know if anybody will try to dig out bitter past definitely will fall in ditch. So they (first wife and other members) should try to make harmony and wives should give the power hand to Rizwan for their betterment and try to live happily not with tension. My questions are: (1) Rizwan’s marriage is valid or not according to Shariah or other. If marriage is not valid then why and how it will be valid again please tell me? (2) Rizwan did not take the permission from his first wife for second marriage, is it compulsory to take permission from first wife for 2nd marriage? (3) Sometime Rizwan’s first wife and his parents pressurize Rizwan that give the divorce to your new wife but Rizwan did not agree he knew that she left out every relation if he will give divorce then she will go for suicide. So is it right to give divorce forcefully or by the pressure of other to 2nd wife (according to Shariah) (4) Is divorce given forcefully authentic/valid according to Shariah? (5) What is the rights of husband? (6) If wife hurt to her husband again and again then is it sin? (7) Cold war is good between fist wife and Rizwan if not then please suggest for both. Anyway kindly give the answers and also your suggestion.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 655/B-123/TB=1434)

(1) The nikah which Muhammad Rizwan did with the divorced woman while her iddah was not over then that nikah was not valid. It is mentioned in Shami:
وأما نكاح منكوحة الغير أو معتدته فلم يقل احد بجوازه .
The ruling which the Mufti sahib or Hafiz sahib of Bihar told is not correct. It is necessary to do nikah again after the iddah is over.
(2) It is not necessary for Rizwan to take permission of the first wife for the second marriage.
(3) According to Shariah when nikah was not valid with the second wife then there is no question of talaq.
(4) Talaq takes place if given verbally by force. However, only written talaq does not take place forcefully.
(5) There are too many rights, specify the rights which you want to know.
(6) Yes, it is a sin.
(7) In case of having two wives quarrel is inevitable. It should be dealt with beautiful wisdom.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband