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Assalamun alaikum, I know a woman who has two girl kids with her first husband. Latter she ran away with a second male few years back. She says ( we doubt her as she is not telling exactly the truth ) she married to that 2nd person , while the 1st male – his original husband was alive and no talaque or qula was pronounced. She separated from the 2nd male also due to some misunderstanding, but she never came to the first husband and mean while her first husband expired. Now again she and the second man started living together. The girls are in our care, and she wants to take them. This is a short back ground. May I know the following under the light of Quran & hadis , what is the fatwa of the esteemed Ulamas :: 1. whteher the nikah between a husband and wife is still valid if the wife or the husband OR any one have illegal relations out side ? 2. Is the nikah with the 2nd male valid, as no talaque or qula was pronounced with the 1st male ? 3. We don?t know actually the nikah has taken place between the 2 nd man and the lady, as the lady is not telling exactly the truth. As an outsider, but just to avoid a sinto be continued between them , can we interfere in this matter ? And can we suggest them to get marry again? 4. Or what is to be done ? 5. Can we send their minor daughters along with the mother, if she insists?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Assalamun alaikum, I know a woman who has two girl kids with her first husband. Latter she ran away with a second male few years back. She says ( we doubt her as she is not telling exactly the truth ) she married to that 2nd person , while the 1st male – his original husband was alive and no talaque or qula was pronounced. She separated from the 2nd male also due to some misunderstanding, but she never came to the first husband and mean while her first husband expired. Now again she and the second man started living together. The girls are in our care, and she wants to take them. This is a short back ground. May I know the following under the light of Quran & hadis , what is the fatwa of the esteemed Ulamas :: 1. whteher the nikah between a husband and wife is still valid if the wife or the husband OR any one have illegal relations out side ? 2. Is the nikah with the 2nd male valid, as no talaque or qula was pronounced with the 1st male ? 3. We don’t know actually the nikah has taken place between the 2 nd man and the lady, as the lady is not telling exactly the truth. As an outsider, but just to avoid a sinto be continued between them , can we interfere in this matter ? And can we suggest them to get marry again? 4. Or what is to be done ? 5. Can we send their minor daughters along with the mother, if she insists?

Answer

(Fatwa: 1232/1232/M=1431)

A woman cannot marry when she is in the nikah of someone or in her iddah period. In the question mentioned above, if the husband of the said woman neither gave her talaq nor khula’, it was unlawful for her to marry other man (if the news of marriage is true) and the so-called nikah did not take place. In addition, if she lived without nikah then it was haram and unlawful and even greater sin. In both the cases, it is necessary for the woman to get separation from the second man. Also, it is necessary for both of them to do tauba and istighfar. Since now the husband had died, she cannot marry anyone until the iddah is complete. However, after completing the iddah if the woman rectified her nikah with the second man, then she can live with him. You should tell them the correct masala. And tell them the method and advice of living together islamically and stop them wisely from the sin. Allah shall give you its reward. Send the daughters with her after she is separated.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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