Question
A man gave his wife three Talaaqs. He wanted to reconcile but all the Ulama in the town refused to perform the nikah. Finally this man managed to find a molvi who performed the nikah. What is the status of the nikah and of the molvi who performed it?
Answer
Three Talaaqs irrevocably and finally terminate the marriage. It is not permissible for the former husband to marry the woman whom he has given three Talaaqs. The marriage will just not be valid. Only if she marries someone else, and if her new husband after consummation of the marriage, divorces her will she be permissible for the previous husband to marry. If the person knowing that the woman was given three Talaaqs performed the baatil 'nikah' to her previous husband, then he is a faasiq of the worst order. He has plunged the woman and her consort into adultery. The mock nikah is just not valid. The man and woman will be living in an adulterous relationship and the children born of this haraam relationship will be illegitimate.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 20 No 01
- PDF page
- 3
Appears under kills the heart. (Hadith).