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Married girl getting married to someone else

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A girl’s father made her nikkah to a guy. She wasn’t in the nikkah. She made her father her representative. After nikkah she wasn’t living with the guy. She was still living at her father’s house. Few months later she came to know that the guy is not good so she decided to break the nikkah. But her father said there was no nikkah done. After that she got married to another guy and now she is living with him. But one of her relatives is saying that her nikkah was held at that time and now she has done nikkah over nikkah. Now theres confusion about her nikkah whether it was done or not. She is now married to another guy. Is she doing zina? Is that nikkah valid? She can’t even get divorced from that guy she left because these people have become their enemies.

Bismillaah

A: If there was a nikaah done with the first person then she becomes his legal wife. She cannot terminate this marriage of her own. The right to terminate is the husband’s.

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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