A man forcefully marrying a woman who is in somebody else’s nikah

Fatwa ID: 02679

Answered by: Maulana Imran Mughal

Question:

My name Hasan. I am a male, age 30 from Bangladesh, and a sunni Muslim.


I married two months ago, and I had known my wife (Her name Ferdousi) for the last 3 years. She has been raised instep-mother family, while her dad passed away at early age.


Herstep mother used to exploit her. A local influential and rich person (His name Shamim) saw her at early age, and bribed her step-mother with a lot of money to arrange  marriage with Ferdousi.

But Shamim had already a wife and children. Ferdousi used to hate Shamim. But Shamim, being rich and influential person in locality, nothing could be done against him.


With this situation being continued, I and Ferdousi decided to getmarry in July 2018 without informing the step mother because we were afraid of Shamim's threats.

After one month of marriage I came to abroad in August 2018 for pursuing PhD degree and left her in country. As soon as Shamim and her step mother knew about her marriage, they became very violent and tortured her.

Now, Shamim has managed all the local law with huge amount of bribe, and I am a poor man without any family support to take any lawful action against Shamim.


As of September 2018, Shamim has threatened Ferdousi to divorce me and marry Shamim (as I toldshamim had already a wife and children). Otherwise, Shamim will file lawsuit against me, my family falsely with fabricated evidences (bought by money), and start to harass me.

Feeling afraid, my wife has submitted to Shamim's conditions.
My wife signed a divorce paper of our marriage on 27 Sept. 2018  but not from the heart but in the fear of threats by Shamim. I also did not utter any word of divorce to my wife.

Now, shamim will marry my wife after a week, even though it is mandatory to wait three months after divorce. But Shamim will not wait.


And my wife told me that this marriage withshamim is against her will, and she will only utter "Kobul" (acceptance word) during the marriage with shamim by remembering my name and face in her heart.

Later, I and my wife has planned that after 3/4 years, when I will complete my PhD and join a job and make my economic position and social status high enough to fight with Shamim, then she will return to me and divorce shamim in the court.


Since I am a studentyet, and have no powerful social status, and money, I can't fight with Shamim. So I accepted her proposal, and consoled her. In our heart, we decided to keep patience, and reunite again.


My question is:

1. Since my wife is forced to marry Shamim, is it a valid marriage?
2. Since my wife merely signed divorce paper with me out of force by Shamim, will it be a valid Islamic divorce in the eye of Allah?
3. My wife told me to keep in touch with her, and call her sometimes after marriage with
shamim, will it be lawful in the eye of Islam?
We both are
victim of zulum by a rich, influential person who buys law and order with money.

Law system being corrupt in the country, it is useless to fight against him with bare hands.
So, please reply three of the above questions of me.

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful.

 

First and foremost, it is extremely said to hear about your story, and I hope Allah will free you from all your troubles.

  1. As long as a marriage fulfills the following conditions, it will be valid according to the Shariah, however those that are responsible for forcefully conducting this marriage will be sinful.
  • An Ijaab (proposal) from one party and the Qubool (acceptance) from the other in one majlis (gathering).
  • The presence of two male witnesses or one male and two female witnesses, and that they have understood the proposal and acceptance.[1]
  1. A divorce without the husbands consent or clear approval will not be valid according to the Shariah. Therefore, if you have not signed anything to divorce her she is not divorced.
  2. Keeping in mind the second answer, technically speaking the divorce is not complete and therefore, her nikah with Shamim in not valid in any sense and your nikah with Ferdousi is still intact.

 

 

And Allah SWT alone knows best.

 

Answered by Maulana Imran Mughal

Checked and approved Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 


[1]Fatawa Hindiyyah (Beirut: DKI Publishers, 2000), 1:295-298.

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