A Woman’s Second and Third Nikah After Changing Religion

Question

A woman, at someone’s instigation or simply for some particular purpose, goes to court and says: “By religion I have become a Christian, etc.; now there can be no agreement between me and my husband.” The court summoned her husband; on the first date he appeared in court, and the court adjourned to another date, but on the second date he did not appear, so the court told the woman: “Go, settle wherever you wish.” But her husband has given no talaq, neither verbally nor by writing any paper.

Answer

By going to court and adopting the Christian religion, or declaring it, her nikah has not been dissolved according to the relied-upon view (mufta bihi). Therefore the second and third nikahs are impermissible according to the Shari‘a. It is wajib for the woman to stay with her first husband.

Source: Fatawa Mahmudiyya

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