Question
A kuffaar court in U.K. has annulled the marriage of a Muslim. The wife had applied for annulment. After the divorce was granted, a Muslim married this woman. A Maulana had arranged the nikah. Now after a few months this new husband discovered that neither did the woman's former husband issue Talaaq nor did any Ulama body annul the nikah. The Maulana who had arranged the marriage insists that the nikah is valid. What should this man/husband do?
Answer
The person to whom you refer to as the 'former' husband, is not the 'former' husband. He is the current husband. His nikah remains valid. The annulment by a kuffaar court has no validity in the Shariah. If what you say is correct, then the nikah subsequently performed by the moron maulana who accepted the kuffaar court's 'annulment' as valid in the Shariah, is not valid. The man and the woman are living in the state of zina.
As long as the husband has not issued Talaaq nor has a body of Ulama annulled the marriage, her Nikah with her husband remains intact.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 23 No 05
- PDF page
- 2
Appears under Questions and Answers (approximate).