Nikah with a Woman Married to Another

Question

Zayd, for example, unlawfully contracted nikah with ‘Amr’s wife. ‘Amr informed Zayd many times by various means — for example, by correspondence, orally, and by public announcement — that Zayd should settle the matter with him (‘Amr) according to the Shari‘a, but Zayd went into hiding and went off to Karachi taking ‘Amr’s wife with him.

Answer

Contracting nikah with another man’s wife is haram; therefore Zayd’s nikah with ‘Amr’s wife is not valid. [ar]لَا يَجُوزُ لِلرَّجُلِ أَنْ يَتَزَوَّجَ زَوْجَةَ غَيْرِهِ، وَكَذَلِكَ الْمُعْتَدَّةُ، كَذَا فِي السِّرَاجِ الْوَهَّاجِ[/ar] “It is not permissible for a man to marry another man’s wife, nor likewise a woman in ‘idda; thus in al-Siraj al-Wahhaj” (“‘Alamgiri”, p. 288).

Source: Fatawa Mahmudiyya

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