DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate - View Single Post - Can you do Nikah with a second wife BEFORE legally divorcing the first?

**LillyPlay** · 01-10-2008, 06:18 PM

Salaam,

If someone divorced his wife according to Islam and is now in the process of a legal divorce through the UK courts, can he perform Nikah with another woman before being divorced with the first wife according to UK law?

I'm not sure if the UK law recognises Nikah, but if it does, then this would be going against the law of the land. Am I correct? Then again, if it did, then it would recognise Talaq?

So if UK law doesn't recognise Nikah, then that means that Islamically there should be no sin in marrying the new wife by Nikah, and waiting until the legal divorce for the first wife before legally marrying the new wife according to the UK law?

Can someone please confirm this for me. Would one need to get a scholarly response or fatwa for this?

Jazakhallahu khair,

Zahid

Asslamo Allaikum,

You are slightly confused, Brother.

There are brothers and sisters who:

1) Have their Islamic Nikah performed while going through Court Procedures for Divorce and this can be of two types:

a) While divorce proceedings are in-process and no Decree is granted

b) When Decree-Nisi has been ganted: Note that according to UK Law 6 weeks and 1 day AFTER Decree-Nisi, Decree-Absolute is granted which means that you are officially divorced!

2) Practise Polygany

Parties engaged in 1 or 2 can't have a British Civil ceremony but it is NOT againt the law to have a religious ceremony and for a man and a woman to live as "Partners".

When separated even 2nd wife has certain rights to custody, distribution of financial assest etc under the legal rights of a "Mistress" and there are other Grey-Areas.

Now, the 2nd wife may not have any rights to the property but rights to other Assets is a grey-Area.

A lot of Sisters who opt for polygamy don't know their rights after the breakup of relationship and should seek SOUND legal advice.

The sad fact is that after speaking to a lot of Sisters the legal advice (usually a brother or a solicitor from the Mosque) is shoddy...Just spoke to a Sister with the Imam the other day and she has been trying to get a Court Divorce since 2001...My advice to her was to sack her solicitor because he is incompetent!

After a 25 minute conversation I advised her on how to proceed and get this done.

P.S: I am NOT a solicitor but I just hate incompetent professional in any field, particularly Muslims who give the Ummah a bad name...Brothers & Sisters turn to them in their hour of need and these "so-called" professionals take them for a ride...Not everyone is bad but there are an awful lot of "uncles" around!

01-10-2008, 06:18 PM	#2
LillyPlay Join Date Oct 2005 Posts 462 Senior Member	Salaam, If someone divorced his wife according to Islam and is now in the process of a legal divorce through the UK courts, can he perform Nikah with another woman before being divorced with the first wife according to UK law? I'm not sure if the UK law recognises Nikah, but if it does, then this would be going against the law of the land. Am I correct? Then again, if it did, then it would recognise Talaq? So if UK law doesn't recognise Nikah, then that means that Islamically there should be no sin in marrying the new wife by Nikah, and waiting until the legal divorce for the first wife before legally marrying the new wife according to the UK law? Can someone please confirm this for me. Would one need to get a scholarly response or fatwa for this? Jazakhallahu khair, Zahid Asslamo Allaikum, You are slightly confused, Brother. There are brothers and sisters who: 1) Have their Islamic Nikah performed while going through Court Procedures for Divorce and this can be of two types: a) While divorce proceedings are in-process and no Decree is granted b) When Decree-Nisi has been ganted: Note that according to UK Law 6 weeks and 1 day AFTER Decree-Nisi, Decree-Absolute is granted which means that you are officially divorced! 2) Practise Polygany Parties engaged in 1 or 2 can't have a British Civil ceremony but it is NOT againt the law to have a religious ceremony and for a man and a woman to live as "Partners". When separated even 2nd wife has certain rights to custody, distribution of financial assest etc under the legal rights of a "Mistress" and there are other Grey-Areas. Now, the 2nd wife may not have any rights to the property but rights to other Assets is a grey-Area. A lot of Sisters who opt for polygamy don't know their rights after the breakup of relationship and should seek SOUND legal advice. The sad fact is that after speaking to a lot of Sisters the legal advice (usually a brother or a solicitor from the Mosque) is shoddy...Just spoke to a Sister with the Imam the other day and she has been trying to get a Court Divorce since 2001...My advice to her was to sack her solicitor because he is incompetent! After a 25 minute conversation I advised her on how to proceed and get this done. P.S: I am NOT a solicitor but I just hate incompetent professional in any field, particularly Muslims who give the Ummah a bad name...Brothers & Sisters turn to them in their hour of need and these "so-called" professionals take them for a ride...Not everyone is bad but there are an awful lot of "uncles" around!
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