Wednesday | 07 December 2022 | 12 Jamadiul-Awal 1444
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Fatwa Answer

Question ID: 1611 Category: Marriage and Divorce
NIKAH DISCLOSURE

May God bless you and have mercy on you

The question is

I got married online to a 42 year old divorced woman who came to me from USA to Dammam for four days then she moved back to USA from Dammam to USA and currently she is living with her ex-husband's house who gave her divorced in November 2020 with children's and nobody knows including her ex-husband that she is married with someone else. So if disclose my nikah front of her ex-husband and her family by any source, will I be guilty or sin of it? and my wife doesn't want me to disclose our secret marriage front of anyone 

I need your guidance sir according to law of shariya regarding this matter. 

 جزاك الله

 

 

 

بسم اللہ الرحمن الرحیم

:الجواب وباللہ التوفیق

Reference to your question, your online nikah appears dubious. 

Below conditions must be complied with for an online Nikah to be valid:

1. Proposal and acceptance are witnessed.

2. Presence of two witnesses.

3. A  "وکیل" lawyer from man's side to be present with the woman, or a lawyer from the woman’s side be present with the man.

If above three conditions were observed, then your Online Nikah was valid. Otherwise, your sexual relationship with that woman is mere fornication.

If you entered into marriage observing the above stated legal conditions, then that woman is your wife according to Sharia. But her living with her ex-husband while being your wife, is very dishonorable and indecent situation for both you and your wife. In the Ahadith, such a person who does not worry about his wife has been termed "دیوث" wittol or a cuckold. 

For your marriage to be valid, you must inform her ex-husband and call back your wife to live with you. It is not only a requirement of Shariah but is also a concern of your honor. Doing so, you will not be a sinner, but will be saving her and yourself from a sinful life.

Another option would be for you to divorce her so that she can marry her ex-husband again and lead a lawful and pure life.

It should be noted that it is not permissible for a divorced woman to live with her ex-husband, let alone if also married to someone else.

قال الحصکفی: النکاح ینعقد با یجاب احدھما وقبول  فی الآخر وشرط حضور شاھدین

(الدر المختار مع ردالمحتار: ۴؍۵۹ – ۷۴)

فقط واللہ اعلم واتم