Question
A woman left the marital home and was separated from her husband for several years. Despite him not having divorced her, she married another man. A child was born of this marriage. When the ‗second husband' was informed that she was never divorced, he gave her Talaaq. After some time she married a third man. He also divorced her after two children were born. What is the ruling of the Shariah?
Answer
Her second and third ‗marriages' were not valid. As long as her husband had not issued Talaaq, the Nikah remains valid. She was living in adultery with the other men, the so-called ‗husbands'. Her nikah remains valid regardless of all the shenanigans which had transpired.
Since her first Nikah is still valid, the children will be said to be legitimate. But if the husband refutes the legitimacy, the children will then be illegitimate.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 28 No 01
- PDF page
- 7
Verbatim verified against the source PDF
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