A Nikah Contracted by One Who Is Not the Guardian

Question

A man named Salamat ‘Ali cut himself off completely from his wife, named Hinda, and his own daughter, named Akhtari, and took up residence in another village. For a long time both spouses lived, each in their own place, entirely like strangers. When all hope of reconciliation between the two sides was lost, Hinda contracted a second nikah with a man named Karamat ‘Ali, and they lived together in great love and affection.

Answer

If Salamat ‘Ali had given Hinda a talaq and Hinda, after completing her ‘idda, married Karamat ‘Ali, then this nikah is valid; but if he did not give a talaq, this nikah is not valid: after Salamat ‘Ali’s death she should complete the ‘idda of death and contract nikah again.

Source: Fatawa Mahmudiyya

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