The Imamate of One Who Does Not Provide Maintenance to His Wife

Question

Zayd married off his daughter. When the son-in-law could not meet the expenses, the father had the nikah annulled through the court. The man to whom she was married does not give talaq and leads the prayer. What is the ruling of the Shari‘a for him? Is prayer behind such an imam permissible or not?

Answer

If the court has merely granted permission for a second nikah on a one-sided application, the first nikah has not been annulled [by this], and a second nikah is not yet permitted. The imam who neither keeps his wife [properly] nor sets her free by giving talaq is sinful. He should be restrained through the biradari (a kinship or caste community)

Source: Fatawa Mahmudiyya

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