A Second Nikah after a Court Ruling

Question

A woman files a suit in court in which she has accused her husband of zina with a certain woman, and also that “my husband beats me badly and accuses me of zina”. But the husband denies both these things and says: “I have neither beaten her nor accused her of anything; and the woman about whom she accuses me is my wife, to whom I am married by nikah.” And this plaintiff herself, at the time of filing the suit, acknowledges that that woman is in her husband’s nikah.

Answer

(1) According to the Shari‘a this divorce is absolutely invalid; she does not leave her husband’s nikah because of this divorce, but remains his wife as before. A non-Muslim ruler can neither annul the nikah of any Muslim nor divorce his wife. In short, his order is in no way effective in the case asked about.

Source: Fatawa Mahmudiyya

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