IslamQA

Faskh

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My husband (hanafi) was previously married to a shafi girl from a certain town. Things never worked out due to family influence on her side and she went back to her home town. She approached the ulama in her town for help and the ulama sent my husband a letter stating that he has to attend a meeting at a given date and time. My husband never attended the meeting nor answered the calls from her or from the Ulama. Thereafter he received another letter stating that his then wife is requesting for a faskh with a request for another meeting. My husband never attended that meeting as well. He received another letter stating that the faskh went through and that he must go to sign the necessary documents, but never done so.

4 Months after the fasigh went through he proposed to me and we got married 3 months there after, alhamdulillah. Now a few weeks ago, the matter came about, suggesting that he is still married to his first wife.

Regarding the given situation above I need advice on the following:

– Is he still married to her?

– If he is, what steps should he take?

– What are my rights? (At the time of the proposal I never knew he got “divorced” and when he proposed I said that I cannot be a second wife.) 

Bismillaah

A: If the correct procedures were adopted and the faskh was done, the nikaah had terminated and she is no longer his wife.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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