Is the marriage of a woman who went and married another man valid, after she requested divorce from her imprisoned husband, and he told her: "Complete the official papers from the government and bring them to me, then I will divorce you"?
The woman mentioned should await her divorce. If he does not divorce her and she suffers harm due to his absence, she should refer her case to a judge to alleviate the harm. Her marriage is invalid because she married while still being married to another man, and she has committed a grave sin. Ibn Qudamah stated in "Al-Mughni": "As for invalid marriages, such as the marriage of a woman who is already married, or in her waiting period (), or similar cases, if they both know what is permissible and what is forbidden, then they are considered फॉरnicators, and the prescribed punishment (hadd) applies to them, and paternity is not established through this union." This matter should be referred to the courts for a ruling.
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