A Second Nikah After the Nikah but Before the Bride’s Send-off

Question

Two nikahs took place in 1968. One nikah was that of Mr Mast, alias ‘Abd al-Hamid, son of Mr Maula Bakhsh, resident of Qarol, with Rashida Banu, daughter of Chand Muhammad, resident of Jaipur. This nikah took place in Jaipur. The second nikah was that of Mr Wali Muhammad, son of Mr Chand Muhammad, resident of Jaipur, with Roshan Jahan, daughter of Mr Maula Bakhsh, resident of Qarol. This nikah took place in Qarol.

Answer

If Rashida Begum’s husband did not give a talaq and the court effected a separation (tafriq) on the basis of a one-sided statement, then according to the Shari‘a the nikah did not end thereby, and the nikah elsewhere is not valid. If the second nikah was performed despite knowledge of this, then Rashida Begum herself, her guardian (wali)

Source: Fatawa Mahmudiyya

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