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Nikah on Top of Nikah

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum

I am a 23 year old girl and exactly 4 years back I performed my Nikah with a boy, without permission from my family. When my family found out about it they went ahead and performed my Khula’. At the time I did not understand what Khula’ means. My parents with their own accord, filed a kidnapping case against him while they sent me to my aunt’s home to Lahore, and used all possible forceful options to have my Khula’ finalized. After 3 months of my Khula’, my parents had my new Nikah performed with another man. During all this time, I had no understanding of what is going on with me neither I understood the Khula’ nor I understood the new Nikah. 

However, I still talk to my husband who I had married by my own accord and want to spend my life with him. I even told my family about my wish but no one cared. My question is, from an Islamic standpoint, did my first Nikah actually end, since at that time I had no knowledge of what Khula’ meant. Or is my Nikah performed on top of an existing Nikah. My rukhsati has not been performed, please provide an answer soon. 

 Walaikumassalam Warahmatullahi Wbarakatuhu

 الجواب وباللہ التوفیق

If your Khula’ was performed through the correct process, then your first Nikah has ended. Apparently the period of ‘iddah for that Nikah has also completed and the Nikah performed subsequently has also been officiated. Unless your second husband issues a divorce to you or you demand Khula’ from him, you will be considered his wife (i.e. in the Nikah of your second husband).

It seems advisable for you to get in contact with a local Darul-Qadha and get satisfaction in the matter of Khula’ by sharing all relevant documentation with them.

Lastly, it seems appropriate to reccommend to you that you should remain satisfied with your parents’ decision in the matter of your Nikah, do not insist on your own wishes. The decisions our parents make for us are always based upon sincerity, our betterment and solely our benefit and Allah Subhanahu Wa Ta’ala provides khair in these decisions.

فقط واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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