My question is about contracting a marriage twice to the same woman.
If a woman's marriage contract is performed with one person twice, it is not permissible unless after a divorce or separation. If a marriage contract is performed for two people with one woman, with the first being unaware or at the same time, both marriages are annulled. If the earlier of the two is known, the woman belongs to the first, based on the Prophet's (peace and blessings be upon him) saying: "Any woman whose marriage is contracted by two guardians, she belongs to the first." This is because the second marriage is invalid as the woman is already under the marital bond of the first. The majority of scholars hold that she belongs to the first absolutely, while the Malikis are of the view that she belongs to the second if he consummated the marriage with her, unaware of the first, and she was not in the waiting period (iddah) of death from the first. The first opinion is more sound, and the earlier of the two is determined by evidence or mutual agreement.
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- Original fatwa ID
- 44469
- Imported
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