Nikah with Another Man Without a Divorce

Question

A girl was married into a village. When the girl went to her husband’s house, the husband paid no attention to his wife. It came to light that the young man had a relationship with his brother’s wife. When the girl became fully certain of this, she took steps to stop it, but did not succeed. When the helpless girl came back to her own home, she told her mother this story. The son-in-law was summoned and admonished, but he did not desist. The girl refused to go to her in-laws’ house.

Answer

If the nikah has been contracted, then the nikah is not valid at all; they must be separated immediately. Until the husband gives a divorce or a separation (tafriq) takes place in accordance with the Shari‘a, a nikah elsewhere cannot take place.

Source: Fatawa Mahmudiyya

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