Is a second marriage considered legitimate or void if the questioner left her first husband for five years due to his refusal to divorce her and then married another man, bearing in mind that the first husband said to her "you are divorced" more than once while in a state of anger?
If the husband's psychological illness prevents the objective of marriage, then the wife has the right to seek divorce. The defects that give rise to the option (of annulling the marriage) are not limited to a specific number; rather, they encompass every defect that causes one spouse to be averse to the other and prevents the objective of marriage. If the option (of annulment) is proven, the husband must pronounce the divorce, or the judge must rule for annulment; otherwise, the wife remains under the marital bond of her first husband, and the second marriage is void and must be annulled immediately. If the husband divorced while conscious of what he was saying, and the waiting period (iddah) expired, and then the wife married, the second marriage is valid. It is advised to refer the matter to a Sharia court to examine the details of the case.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/110832
- Source platform
- Ftawy
- Original fatwa ID
- 110832
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy