Home » Hanafi Fiqh » ShariahBoard.org » If my wife sought separation and censure to our marriage through the US court and I had not expressed my consent to it. After that, she married someone else, who died in ac accident. Now, she wants to marry me again, what is the ruling of the shariah about this?

If my wife sought separation and censure to our marriage through the US court and I had not expressed my consent to it. After that, she married someone else, who died in ac accident. Now, she wants to marry me again, what is the ruling of the shariah about this?

Answered as per Hanafi Fiqh by ShariahBoard.org
If my wife sought separation and censure to our marriage through the US court and I had not expressed my consent to it. After that, she married someone else, who died in ac accident. Now, she wants to marry me again, what is the ruling of the shariah about this?
The consent of both parties is necessary in the censure of marriage and the judgment of a nonmuslim judge doesn’t count. Hence, the second marriage was not in accordance with the shariah. Therefore, in the above mentioned case you don’t need to remarry her.
Allah (Subhanahu Wa Ta’ala) Knows Best

Mufti Nawal-ur-Rahman

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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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