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What If My Wife’s Ex-Husband Claims They Are Still Married?


Hanafi Fiqh

Answered by Shaykh Abdul-Rahim Reasat

Question

I married someone about 7 months ago, and now her ex husband is claiming they were still Islamically married at the time. She told me she had gotten divorced from him back in September of 2006.

Answer

I pray you are well.

In such a situation, if she is sure that she was divorced, then you can take her word for it and continue as husband and wife. 

Given that there can be complications in situations like this, it’s best to find a reliable local scholar and ask for his help in resolving the matter.

Shaykh Faraz Rabbani adds: It is for such cases that the scholars consider it highly emphasized–or even required–to legally register marriages. This preserves rights, and prevents harm.

May Allah facilitate the matter for you.

[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History, he moved to Damascus in 2007, where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital. He was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.