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f:284 -    Marrying a separated woman
Country : Pune, India,
Name : Khurram Hussain
Question:     I want to ask you that the girl whom I want to marry was married to someone else.  Then she has separated from her husband, but Divorce as such has not been given.  After 2 years, I married her.  Is my Nikah valid?


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Answer:     As per the details you have given, your Nikah (marriage) has not been done at all, so please separate as soon as possible and repent on what has happened until now.  Both you and the girl should sincerely repent (perform Tauba).  When she takes a Khula (annulment of marriage) from her husband or he himself divorces her, then after her Iddah (waiting period) is over, you can marry her, otherwise the whole life will be spent in adultery.  Allah Ta'ala says in the Holy Quran:

Also (prohibited are) women already married.  Surah Nisa (4:24)

As given in Fatawa A'alamgiri, Vol. 1, Pg No. 280.

And Allah (Subhanahu Wa Ta'ala) knows best.

Mufti Hafidh Syed Ziauddin Naqshbandi Qadri,

[Professor, Islamic Law, Jamia Nizamia,
Founder/Director Abul Hasanaat Islamic Research Center]

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