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My wife did nikah with another man without first taking a divorce from me. Prior to this, she hid from me and now she has admitted to me about her mistake. She is now willing to come back to me.

Kindly advise me, is my marriage with her broken or still valid?

She committed a major sin, though now she is ashamed of it and we are looking for an answer. What should we do now? Please for Allah's sake, help us with a solution.

  • How did she make Nekah to the other man (was it legally/islamically/both)? – user12537 May 30 '15 at 19:10
  • SIR. Islamically it's not Allowed. It's a Sin and a crime IN mostly Muslims countries. After I don't know more about this that's why I'm searching for guidance here. I hope and pray someone will guide us in right direction. – user12853 May 30 '15 at 19:27
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    You need to provide more information such as a general location or a remark on the laws of the country you live in. – user921 May 30 '15 at 19:37
  • Kuwait is location Sir ! Here all law is Islamic laws like mostly gulf countries – user12853 May 30 '15 at 19:41
  • Are you saying in Kuwait a woman can get married to more than 1 person at the same time? I would reckon they check the records for existing marriages before issuing license, unless it was just an Islamic marriage (not recorded in the court). – user12537 May 30 '15 at 20:10
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Irrespective of the country she had her second nikah. A woman cannot get married to another man while still married. They can do a nikah if they like but that nikah has no effect whatsoever and it's null and void.

Therefore she has not ceased to be your wife. Meaning you two are still married.


Depending on whether or not she did this in ignorance it could be decided whether she has sinned or not. And that is a different question altogether which would definitely require much more detail.

  • What kind of details require Sir ? I'm ready to share – user12853 May 30 '15 at 23:44
  • That is irrelevant to this question. Plus I really do not know, I do not much about those areas but I can say for sure that since it is a sensitive area it does require more detail as compared to this, although related. – Bleeding Fingers May 31 '15 at 0:13
  • I assume @bleeding finger is right. And you two are still married. – اللهم صل علی محمد و آل محمد May 31 '15 at 5:33
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Maybe these verses will help you in finding a solution to your problem:

"And women of purity are for men of purity, and men of purity are for women of purity" [Qur'an 24:26]

"Therefore the righteous women are devoutly obedient, and guard in (the husbands) absence what Allah would have them guard" [Qur'an 4:34]

"It may be, if he divorced you (all), that Allah will give him in exchange consorts better than you, who submit (Muslims), who believe, who are devout, who turn to Allah in repentance, who worship (in humility), who travel (for faith) and fast.." [Qur'an 66:5]

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Since you say that you and your wife were not properly divorced, it is automatically implied that she has been married to you during the entirety of this period when she got herself "married" to this other man. In which case, her "marriage" to this man was a sham, and in fact was an act of adultery on her part. This further means that while she committed adultery, she is still your wife. So I guess your nikaah is intact; however, the punishment for adultery will be applicable upon her, which is stoning (rajm).

Even if the Islamic punishment for adultery is not applied in the place where you live, how you take this further from here is a call you have to still take.

I would recommend that if this was a case of a genuine blunder on her part, just forget about it and get on with your lives. Seek the forgiveness of Allah.

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    Whether or not she is a convict of adultery cannot be decided so conveniently. It is a sensitive matter which requires witnesses and plenty of other variables to be considered before a conclusion be drawn, which again is a matter out of the scope of this question and rather be stripped off this answer. – Bleeding Fingers May 31 '15 at 12:18
  • Calling this adultery is really new to me even a scholar just said about such a case that she must repent and her 2nd marriage is invalid and must be declared as invalid by a court! – Medi1Saif Sep 28 '15 at 13:51
  • I am talking of the Islamic shariah ruling. If a woman gets "married" to another man, which eventually gets consummated, while still being in a state of nikaah to a previous man, the fact remains that she has committed adultery. I don't think any scholar would dispute this. I am not saying that the man shoul be inconsiderate towards her, or even that she should be stoned, since this punsihment may not be in force where the concerned people live; all I am stating are the facts of the case. Islam is not dependent upon personal whims. – Najeeb Sep 29 '15 at 8:33
  • She committed adultery only if she did this by intention! If she thought she was divorced because she left her husband she has not committed adultery. And nobody has interest in punishing her if she repents etc. And whom are we to judge! – Medi1Saif Sep 29 '15 at 9:20
  • The Shariah does not go by intentions, that is, the judge will not ask the defendant if he or she intended to do a certain crime or not; if the defendant has done it, he or she has done it. There is at least one case from the lives of the Companiuons (RAA) to suport this: a Companion (cannot recall his name) took a slave girl from maal-e-ghanimah during jihaad and had relations with her. When Caliph Omar (RAA) came to know about this, he ruled that it was not valid and he should be executed for adultery. Cannot recall the exact reference though. – Najeeb Sep 29 '15 at 17:50

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