Q. A man was dating his wife’s sister daughter for some time. Their families advised them to make Nikah. The man married his wife’s sister daughter with his wife’s permission. They have not been living for over a year together but they have a relationship. The wife’s sister’s daughter wants a divorce. Can she ask for a divorce?
A. In principle, a man cannot marry his wife’s sister’s daughter (niece) whilst he is married to his wife. If such a Nikah has been performed, the Nikah was invalid for the very beginning. There is no question of seeking a divorce and the marriage is null and void. They must terminate any form of relationship existing between them and make Taubah and Istighfaar for being involved in a Haraam relationship.
The Nikah of a man to his wife’s sister’s daughter will only be valid if he is divorced from his wife at the time of Nikah to his (ex) wife’s sister’s daughter. (Shaami 3/38)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.