A Nikah upon a Nikah and the Ruling on Taking Part in It

Question

If a person marries off his already married daughter elsewhere, while the former husband himself is responsible for her maintenance, what is the ruling concerning such a person, those who took part in the nikah, and the one who performed the nikah?

Answer

Since the husband has not given a talaq, provides for her needs and maintenance (nafaqa) and fulfils the conjugal rights, there is no right whatsoever to a nikah elsewhere. The nikah that the girl’s father contracted in such a situation is not a Shari‘a nikah; rather, it is zina and fornication. This is a major sin and the utmost shamelessness.

Source: Fatawa Mahmudiyya

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