Question
A wife left her husband. After some years she married another man although her husband had refused to give Talaaq. Meanwhile he married another woman. She had two children from her second husband. The first husband had refused to give Talaaq. What is the ruling of the Shariah?
Answer
The husband (the first man) has grievously erred by not having issued Talaaq. The woman remains his wife as long as he does not issue Talaaq. According to the Shariah, her other 'marriage' was not valid. The Shariah decrees that children born to a woman who has not been Islamically divorced are the legal children of her husband. Thus, in the scenario explained by you, this man must understand the following:
The woman is still his wife.
The two children are regarded as his legitimate children.
The children will inherit in his estate.
The woman too will inherit in his estate as long as he does not issue Talaaq. It is therefore in his own interests to issue Talaaq.
The husband (there is only one husband involved) should not ignorantly and spitefully refuse Talaaq. He will only be cutting off his nose to spite his face.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 06
- PDF page
- 2
Appears under INTERFAITH KUFR AND IRTIDAAD (approximate).