A Forced Nikah upon an Existing Nikah

Question

Zayd married a woman in such a way that Zayd’s sister was betrothed to a relative of his wife. After some time Zayd’s sister reaches puberty, and during these days Zayd’s wife is also at her parents’ home. Zayd’s sister, of her own free will, contracts her second nikah elsewhere, but Zayd’s in-laws are against this second nikah of Zayd’s sister, although Zayd’s sister is an adult.

Answer

Since Zayd’s nikah was valid and effective (nafidh) in accordance with the Shari‘a, and thereafter neither did Zayd give his wife a talaq nor did a qadi effect a separation (tafriq), the nikah that Zayd’s in-laws contracted for Zayd’s wife with another man is impermissible: [ar]لا يجوز للرجل أن يتزوج زوجة غيره وكذلك المعتدة، كذا في السراج الوهاج[/ar] “It is not permissible for…

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.