Can a man go for a second marriage while fighting a legal case against the first marriage?
Question
Assalamualaikum wa Rahmatullah,
My friend who got married last year, unfortunately just within a month they were separated (she went to her parents) as the girl had someone else in mind to marry.
While she was with him, day and night she was asking for a divorce, he dint give divorce (talaq) as he was not clear & escalated the matter to elders. Upon discussion with her parents she revealed that it was a force marriage (by her parents) & don't want to continue.
After hearing all this, even his parents desided to approach Qazi for next steps.
Meanwhile she & her parents started exercising legal options by putting baseless charges to demand lumpsum amount for settlement & khulla.
It might take years to get any outcome from the legal body, under these circumstances what are the rulings of shariah, can he go for a second marriage ?
Jazakallah for your efforts, may Allah reward you & the whole team Abundantly.
Answer
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
We sympathize with your friend. The parents of the girl are responsible and blameworthy for the failure of this marriage. It is impermissible to force someone into a marriage.
It is permissible for your friend to go for a second marriage irrespective of whether the nikaah with the first wife has terminated or not[1].
And Allaah Ta’aala Knows Best.
Muajul I. Chowdhury
Student, Darul Iftaa
Astoria, New York, USA
Checked and Approved by,
Mufti Ebrahim Desai.
References (Arabic / Urdu sources)
[1] سورة النساء (ءاية 3)
{فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ}
- Answered by
- Muajul I. Chowdhury
- Checked & approved by
- Mufti Ebrahim Desai
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah (AskImam). It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.