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Fatwa #147766 December 2006United States of America

Mr. A married with Miss B while both were living in Pakistan.....

Question

Mr. A               (Male, Husband of Miss B, Lives in USA)

Miss B             (Female, Wife of Mr. A, Lives in USA)

Miss C.            (Female, Lives in Pakistan)

Miss D.             (Female, Lives in Pakistan)

                        (Miss C and D are real sisters)

Mr. A married with Miss B while both were living in Pakistan. After marriage both came to USA and started living there.  After almost 6 years of marriage Mr. A went to Pakistan and filed a divorce case in the court asking that he wants to divorce his wife Miss B. In the court, Miss D presented herself falsely stating that She is Miss B and wife of Mr. A (while by that time Miss B was in USA and never granted to anyone the power of attorney to appear as Miss B or on her behalf).  Miss D (by showing herself as Miss B without any authority or any permission from Miss B) acknowledged in the court that, She as wife of Mr. A, does not have any objection in getting this divorce from Mr. A.

During all the court proceedings, (since the beginning to end of case) Miss B (who was in US) was totally unaware of the situation going on in Pakistan. Depending on the (fake) presentation of Miss B in the court (by Miss D), the court declared the divorce in between Mr. A and Miss B. After getting the divorce papers (decision) from the court Mr. A came back to USA and filed a case to bring Miss C to USA as his fiancée. The case was approved and Miss C moved to USA. After that Mr. A married Miss C in the court of USA and started living with Miss C as husband & wife. It is pertinent to mention that no other Nikah was performed other than this court marriage. Mr. A is also treating Miss B as his first wife and Miss B is also treating Mr. A as her husband because Miss B is totally unaware of the divorce and another marriage of her husband with Miss C.

Question:

What would be the status of divorce of Mr. A and Miss B under the code of Sharia? Keeping this fact in view that divorce papers attained by the court were based on a fake presentation of Miss D as Miss B.What would be the status of the Marriage of Mr. A with Miss C. While the marriage license issued by the court was basing on divorce papers, which were attained thru forgery, would it be acceptable and recognized as legal and fair marriage by Sharia?

Answer

The court divorce decree in between Mr A and Miss B is invalid. The court marriage between Mr A and Miss C in is not a valid Nikah if it did not fulfill the Shariah conditions of a valid Nikah.

And Allah Knows Best

Mufti Ebrahim Desai

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Mr. A married with Miss B while both were living in Pakistan..... | Fatwa Explorer