The Nikah of a Married Woman without a Talaq

Question

(1) A nikah took place without a talaq, and the bride, moreover, has been divorced (mutallaqa) for approximately four months. Did this nikah take place or not? (2) If the bridegroom is told, “Your nikah is haram,” he says, “Everyone else’s nikah is impermissible, and mine is permissible.” Is there now any remedy for what he says or not, when he responds to being told with defiance? (3)

Answer

(1) Contracting a nikah with another man’s wife is haram until the first husband gives a talaq and — if the marriage was consummated (madkhula) — the ‘idda has passed. (2) Calling the haram halal is a grave sin, and likewise calling the halal haram is an enormous offence. The one who says such things must (lazim) repent, and should also renew his iman and renew his nikah. (3)

Source: Fatawa Mahmudiyya

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