The Majlis Archive
Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 27 No 05, p.4

A woman was informed by reliable persons that her husband was killed in a foreign country.

Question

A woman was informed by reliable persons that her husband was killed in a foreign country. She sat in Iddat. After the Iddat she married and had two children by her new husband. Thereafter, the first husband appeared. The information of his death was incorrect. What is the position of the Shariah in this case?

Answer

She has to incumbently return to her first husband. Her nikah to the second husband is automatically invalid. However, the children are legitimate and belong to the second „husband‟. It is not incumbent to renew the Nikah with her original husband.

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The Majlis Vol 27 No 05
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