Nikaah with a woman who is still in her first husband's nikaah

Q: I recently got married but we are now finding out that the girl did not get talaq from her first husband and the girl relied on a civil divorce to constitute the talaaq. 

The first husband of this girl says he didn't institute talaaq and the civil divorce was only for the courts. 

The second nikah has taken place before we found out. Is it valid?

A: If the previous husband did not issue a talaaq, then she is still in his nikaah. Your nikaah 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)