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Is My Nikah Valid? I am second wife of my husband and got married with him 3yrs back

Answered according to Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum

It’s a problem of divorce. I am second wife of my husband and got married with him 3yrs back .At the time of marriage my husband told me that he has given divorce to her first wife but on fourth day of marriage he told me that I was not given divorce to my wife when I go to America I will file divorce case .Actually the story was totally different he has already sign divorce paper before marriage with me according to Pakistani law and I saw that divorce paper in which he pronounced Talaaq three times to her wife and there was sign of my husband along with two of the witness are present but right now my husband told me that although I sign that papers but I didn’t post it to my wife and he was taken fatwa from Saudi Arabia and mufti from Saudi Arabia given that fatwa that divorce has not happened you may live with your wife. But after marrying with me he file divorce case in America but without any result and he rejoin with her first wife. As you know laws in America is very strict that’s why he is not declared my marriage and he is always forcing me not to tell any body that you are my wife,  just ask you what happened if husband is signed divorce paper in front of two witness and say that I don’t want to live with that lady but not send that papers to her wife is Talaaq held or not? please reply me I am really disturb because of this situation.


Answer:

 

                  

 

When your husband signed the divorce papers in which he declared that he has given his first wife three Talaaqs and he also admitted this to you, then three Talaaqs have taken place at the time he signed the papers even if he did not send it to his first wife, provided he did not attach any conditions to it, such as “if she receives these papers then Talaaq will fall.” Therefore, he is not allowed to live with his first wife as she is not his wife any longer.

(Ad-Durrul Mukhtaar, Vol. 2, Page 465)

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

12 May 2005

03 Rabee’uth Thaani 1426

This answer was collected in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.

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