Does the first customary marriage remain valid with two witnesses and a lawyer despite the wife's ignorance that it is a real marriage? Is it permissible for a Catholic woman married to a non-Muslim, who does not love her husband and wishes to divorce him, to marry a virtuous Muslim man who is already married, as a second wife, after her divorce? What is the waiting period (iddah) in this case? Does the first wife have the right to request a divorce and take the children away from her husband if he marries another woman?
An urfi marriage is invalid because the questioner is already married, and a married woman cannot validly enter into another marriage contract. A woman is permitted to seek divorce from a husband she dislikes. If he does not divorce her, she may seek khul' by returning the dowry given to her. If the divorce is finalized, there is no impediment to marrying another man after the waiting period (iddah) has elapsed. It is not permissible for a wife to prevent her husband from marrying another woman, for Islam has permitted a man to marry up to four women, and the Messenger of Allah, peace and blessings be upon him, forbade a woman from stipulating the divorce of her sister.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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