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Wife claiming that her first wife did not divorce her

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: After married to a second husband for 20 years, the wife declares that she is no longer married to the 2nd husband because she was never divorced from the first. The 1st husband reclaims his wife. In the 1st marriage, no talaq was mentioned. The husband just stayed away from the husband. Is this allow in sharia and was the second marriage valid. What’s the ruling on this?

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A: If the first husband had not divorced her nor was the nikaah cancelled through any shar`ee body then the first nikaah is still valid.

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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