When Are the Renewal of Faith and the Renewal of Nikah Required?

Question

Kindly inform us of the ruling of the Shari‘a on the matter bearing the reference B 921, dated 17/9/88 AH. In it Zayd wishes to ask: what is the ruling of the Shari‘a concerning the person and the group who deliberately contracted and arranged this nikah? Do they merit only repentance and istighfar (seeking forgiveness), or must they also renew their nikah? Should they, besides public repentance and istighfar, also be instructed to renew their nikah? Kindly give a detailed answer on this.

Answer

A second nikah with a woman in another man’s ‘idda is not permissible: [ar]لَا يَجُوزُ لِلرَّجُلِ أَنْ يَتَزَوَّجَ زَوْجَةَ غَيْرِهِ، وَكَذَلِكَ الْمُعْتَدَّةُ، كَذَا فِي السِّرَاجِ الْوَهَّاجِ[/ar] “It is not permissible for a man to marry the wife of another, and likewise a woman in ‘idda. So it is in ‘al-Siraj al-Wahhaj’” (from “al-Fatawa al-‘Alamgiriyya”).

Source: Fatawa Mahmudiyya

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