Marrying a married women

Q: I married a girl and she was already married to a guy. For the last 4 years he was in a jail due to some reasons... The family members doesnt have any information about their son. And his wife also dont have any information about her husband whether he is coming out or not. There was no information at all regarding her husband so we had done nikaah. Is it right or wrong? Is she still married to her first husband? Her husband was calling from jail and he was not saying whether he was coming out or not. Now after 4 years he came back to India. What must do?

A: If her previous husband did not issue a talaaq and nor did fask of the nikaah take place by any Islamic body (e.g. the jamiat ul ulama) then she is still in his nikaah. Hence, the nikaah you had performed with her is not valid.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)