Marriage to a Disbeliever Through Deception

Question

A Muslim man kept a disbelieving woman with him; from her first husband she has two sons, who are also disbelievers. A friend of this Muslim man deceived a poor Muslim girl and had her married to this woman’s disbelieving son, and carried out the girl’s send-off to her husband’s home. When the girl learned that she had been married to a disbelieving young man, she felt intense aversion and is not willing to go to this disbeliever. In this case, did the nikah take place or not?

Answer

This nikah did not take place at all; the girl must by no means go to this wicked disbeliever. The one who committed this deception is devoid of a sense of honour to the utmost degree and a grave sinner; one should always be on guard against his deception. The one who has kept the disbelieving woman with him is also engaged in zina; this woman should be separated from him.

Source: Fatawa Mahmudiyya

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