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Girl getting married without being divorced by husband

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: One of my friends who is a girl married a boy 2 years ago. The boy’s family misbehaved with her and her husband used to beat her sometimes for no reason and demanded materialistic things and even money. Then he fled to another country for almost a year and returned married to another girl without giving written or oral talaq to his first wife. He denied to accept her first wife.  Now the case is in court pending for final decision. 

1. Is it permissible for the man to marry another girl without the consent of his first wife?

2. Is it prohibited for the girl to marry again without the oral or written talaq given by her husband?

Bismillaah

A:

1. The marriage is valid, but this type of behaviour is totally unacceptable.

2. Without a talaaq, it is not permissible for her to remarry.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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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