Category: Marriage & Divorce
Fatwa#: 41172
Asked Country: United States

Answered Date: Dec 14,2018

Title: Can a man go for a second marriage while fighting a legal case against the first marriage?

Question

Assalamualaikum wa Rahmatullah, 
My friend who got married last year, unfortunately just within a month they were separated (she went to her parents) as the girl had someone else in mind to marry. 
While she was with him, day and night she was asking for a divorce, he dint give divorce (talaq) as he was not clear & escalated the matter to elders. Upon discussion with her parents she revealed that it was a force marriage (by her parents)  & don't want to continue. 
After hearing all this, even his parents desided to approach Qazi for next steps. 
Meanwhile she & her parents started exercising legal options by putting baseless charges to demand lumpsum amount for settlement & khulla. 
It might take years to get any outcome from the legal body, under these circumstances  what are the rulings of shariah, can he go for a second marriage ?
Jazakallah for your efforts, may Allah reward you & the whole team Abundantly. 

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We sympathize with your friend. The parents of the girl are responsible and blameworthy for the failure of this marriage. It is impermissible to force someone into a marriage.

It is permissible for your friend to go for a second marriage irrespective of whether the nikaah with the first wife has terminated or not[1].

 

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

Student, Darul Iftaa

Astoria, New York, USA

 

Checked and Approved by,

Mufti Ebrahim Desai.

 

 


[1] سورة النساء (ءاية 3)

{فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ} 

 

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