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f:655 -    Marrying a lady separated from her husband
Country : Pune, India,
Name : Khurram Hussain
Question:     The girl whom I married had been separated from her husband for 2 years due to differences.  Then I married her.  Is my Nikah valid?
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Answer:     As per the details you have given, your Nikah is not at all valid as per the Shariah.  Thus, both of you should be separate from each other as soon as possible.  When the lady with whom you have performed the rites of marriage, takes Khula from her husband or the husband divorces her, then after she completes her Iddat (waiting period), you can marry her.  Otherwise, your whole life will be spent in adultery.  You should repent before Allah Most High for what has happened until now.

Allah Most High says in Surah Nisa:

And (forbidden to you are also) women having husbands ……. Surah Nisa (4:24)

As mentioned in Fatawa A’alamgiri, Vol. 1, Pg. No. 280.


And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

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