Running Away after Nikah and Marrying Another

Question

Hinda is a Hanafi Sunni. She was married to Zayd, who is of the Ahl-e Hadith, that is, one who does not follow taqlid (of any madhhab), and about a year has passed since this marriage. During this period the husband also kept visiting Hinda. Then Bakr, who is a Hanafi Sunni, ran away taking Hinda with him, and Hinda remained away with Bakr for about a month. Then, after a month, she returned home with Bakr and married Bakr, although Zayd has not given Hinda a talaq.

Answer

If that man of the Ahl-e Hadith is an Ahl-e Hadith of the loud “amin” (amin bi-l-jahr) and the raising of the hands (raf‘ al-yadayn) type, who does not revile the mujtahid imams and does not call the scholars who follow a madhhab polytheists, then Hinda’s nikah with him was valid. Further, Hinda’s running away with Bakr and marrying him is not permissible.

Source: Fatawa Mahmudiyya

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