Marrying a Woman Off Elsewhere Without a Divorce

Question

Hinda, in her childhood, was married into a certain village with her parents’ consent. Then, because a quarrel arose, the parents said: “We will not send her there,” and after that the parents had her nikah recited with her paternal aunt’s son without obtaining a divorce. Two years after that, having quarrelled with them, they obtained a divorce, but no renewed nikah took place afterwards.

Answer

Since the nikah was contracted by the parents while she was a minor, it became binding (lazim). The second nikah that was performed after that without a divorce was absolutely impermissible; rather, the nikah of the first husband remained in force as before, and only when the first husband gave a divorce did she leave his marriage.

Source: Fatawa Mahmudiyya

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