The ruling of Imarat-e Shari‘ah Bihar for the people of Bengal

Question

Question: We are residents of Bengal, on the border of Bihar and Bengal, and Imarat-e Shari‘ah has long been established here. Hinda, whose husband is also from Bengal, filed a case against her husband in Imarat-e Shari‘ah Bihar; both were summoned to the Dar al-Qada’ (Shari‘a court), and the Dar al-Qada’ gave a ruling annulling the nikah. After the ‘idda had passed, the said woman was married to another man.

Answer

If the nikah was annulled under the rules of the Shari‘a after the grounds for annulment (ta‘annut, the obstinacy of a husband who gives neither her rights nor a divorce) and the like were established, then this annulment is valid and a second nikah after the ‘idda is correct. When both were summoned by the Dar al-Qada’ and both gave their statements, then both (thereby)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.