Mu' meneen Brothers and Sisters,

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One of our brothers/sisters has asked this question:

Asalamualaycom!

After 3 years of marriage with my husband i found out he had anouther wife.Because i didnt no he had anouther wife and he wasnt honest with me at the time we done nikah that he was married to anouther women in his country,does that make our nikah valid?After a while he decided to divorce his wife in his country. But when he made the divorce,he was in england and his wife was in bangladesh,and he did not speak to her on the phone to pronounce any talaaq or divorce.From what my husband told me he said that he doesnt need to speak to her to make divorce.He just said he needs to witnesses to hear he wants to divorce her and he said to his cousin and then his father that he had children with me and feels he should stay with the mother to his children and divorce her.And his parents sent down a divorce paper and he signed the paper and the sent it back to bangladesh.So my question hear is i thought the husband had to pronounce talaaq to his wifes face and is the divorce excepted by signing a divorce paper without speaking to her?Just by telling his father and cousin to send the message to her for divorce and then just signing divorce papers?My last question hear is i feel my nikah is abit corrupted after everything and would like to do our nikah again.Would it make any difference if i done nikah again?and how many times can you re do nikah to refresh your marriage..I hope inshallah i have made my questions clear many thanks allah haffiz 

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Answer:

Man written divorce to wife

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: ….After 3 years of marriage with my husband i found out he had anouther wife.Because i didnt no he had anouther wife and he wasnt honest with me at the time we done nikah that he was married to anouther women in his country,does that make our nikah valid?

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 3:

3 If ye fear that ye shall not be able to deal justly with the orphans marry women of your choice two or three or four; but if ye fear that ye shall not be able to deal justly (with them) then only one or (a captive) that your right hands possess. That will be more suitable to prevent you from doing injustice.

There is an allowance and a permission in Shariah Law for a man to take and keep a maximum of four wives at any one time, if indeed one wishes to do so.

Although it was not appropriate for your husband to keep you uninformed regarding his marital status; that he was already married before his ‘nikaah’ with you, your ‘nikaah’ itself will be considered absolutely legal and valid in the Sight of Shariah Law.

Your Question: ….So my question hear is i thought the husband had to pronounce talaaq to his wifes face and is the divorce excepted by signing a divorce paper without speaking to her?

Regardless of whether your husband personally spoke to his first wife and declared the divorce, or whether he wrote her a letter wherein he declared ‘I divorce you’, or whether he declared the terms ‘I divorce so-and-so’ unto a witness, or signed a legal document wherein a divorce was declared……a legal divorce will be established between your husband and his intended wife in the Sight of Shariah Law and in the Sight of Allah Subhanah.

Your Question: ….My last question hear is i feel my nikah is abit corrupted after everything and would like to do our nikah again.Would it make any difference if i done nikah again?and how many times can you re do nikah to refresh your marriage..

Respected sister, as long as all the obligatory conditions of a ‘nikaah’ were honored when you married your husband, rest absolutely assured that your original ‘nikaah’ with your husband is legal, valid, and binding in the Sight of Shariah Law and in the Sight of Allah Subhanah.

Just because you ‘feel’ that your ‘nikaah’ is a bit corrupted does not give you the right to perform the ‘nikaah’ again with the same person!

Respected sister, rest absolutely assured that your original ‘nikaah’ is absolutely legal, valid, and binding and you do not need to perform another ‘nikaah’ or re-marry your husband again!!!

To re-perform or refresh the nikaah contract, or re-marry the person one is already legally married to would be to make a mockery of the ‘original’ nikaah and the Laws of Allah Subhanah! Neither is such a thing required in Shariah, nor should one who sincerely fears Allah and the Last Day ever do such a thing!

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan