If a woman is already married and marries outside the UK

CategoriesMarriage [605]
If a woman is already married and marries outside the UK?

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

 

 

As long as the first husband has not passed away, divorced his wife or in any way has annulled the marriage (i.e. through the courts or a Shariah council…), it will not be permissible for a woman to marry another man, even though it may be outside the UK. (Fatawa Hindiyyah P.280 V.1)

 

If the man and woman got married knowing that it was unlawful, then the woman will not need to pass the iddah, which is of three menstrual cycles, as this will be considered as Zina (adultery). If they got married, not knowing it was unlawful then there are two situations:

  1. If they had sexual intercourse. In this situation iddah and mahr will be obligatory.
  2. If they did not then, no mahr and iddah will be obligatory.

(Fatawa Hindiyyah P.280 & P.330 V.1)

 

 

In the Holy Quran Allah (SWA) has said:

“(And also prohibited are) the women already bound in Marriage.” (Surah Al Nissa V.24)

 

 

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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