She discovered that her husband is married to her sister
Fatwa No: 197731

Question

Asalam alaykum I am in a really serious situation here I got married to a Molana in nov lived with him for 1 an a half month but later in dec found out that him an my sister were having an affair for a few months an that they got nikha done a few months before mine. As from what I've found out my nikha didn't even exist I was living haram with this molana unaware. Now he's no where to b seen an am 7/8 weeks pregnant. I don't know what to do as I've been married b4 I have a daughter who's 9 years old when I was pregnant with here my husband left me an iv brought her up all by my self with no support an now am in the same situation after 9 years only I know what I've been through all this time how I coped bringing up a child alone. Not being well myself at the time on medication anti depressant tablets. I can't afford to go through that all again. An scared of what people are going to say about me how am I going to explain this for all they can think is I went out had a fling an come back pregnant,because it was a quite nikha at home with just family the sunnah way most ov the people don't even know I got married. I am afraid of losing my respect my family's respect my brothers respect. I trusted a guy after 9 years a molana imaan of a masjid an this is what I get. I have spoken to a few molanas about this an they have advised me to abort the pregnancy. But I want a fatwa weather what am doing is right or wrong please can u answer ASAP as is really stressing me out I can't eat sleep do anything. JazakALLAH may Allah swt reward ur good efforts ameen sum ameen Please do duas for me that Allah swt gives me Sabr in sha Allah.

Answer

All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

First of all, we ask Allaah to facilitate your matter, make for you a way out of your difficulty, relieve you from your stress and sorrow, and bless you with patience, as Allaah is the best to be asked and He is best of those who answer the supplication; so we advise you to continue supplicating Him earnestly.

If what you mentioned is true that that man married you and your sister at the same time, then he is an evil man and he has committed a great major sin. As far as you are concerned, if you did not know this fact, then you are not sinful, as Allaah Says (what means): {“Our Lord, do not impose blame upon us if we have forgotten or erred.}[Quran 2:286] It is confirmed in Saheeh Muslim that the Prophet said: "Allaah said (in response to this supplication): “I have indeed done so.” Besides, Thawbaan narrated that the Prophet said: "Allaah has forgiven my nation things they do by mistake, by forgetfulness and things that they do by coercion." [At-Tabaraani - Al-Albaani graded it Saheeh (sound)]

If your marriage contract with him was conducted after he was already married to your sister then his marriage to you is void. Marrying two biological sisters at the same time is forbidden and void according to the consensus of all the scholars of Islam. Allaah Says (what means): {…and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allaah is ever Forgiving and Merciful.}[Quran 4:23]

Therefore, it becomes forbidden for you to let him have sexual intercourse with you. Moreover, in case he conducted this marriage with you while knowing that it was forbidden and he had no doubt about it [i.e. he did not think that it was lawful], then this child is not traced back to him. However, in case he did not know that it was forbidden, or that he believed that it was lawful, then the child is traced back to him.

In any case, it is not permissible for you to abort this child, as abortion is forbidden at any of the stages of the development of the fetus according to the preponderant opinion of the scholars; for more benefit, please refer to Fataawa 2208 and 89901.

Since this is the case, you should not take into consideration the statement of those who issued a Fatwa to you that it is permissible for you to abort, as Allaah may bless this child and you get much good from him/her.

The best thing to face this matter is to be patient as the outcome of patience is good, Allaah willing. For more benefit on the wisdom of being afflicted and the excellence of patience, please refer to Fataawa 83577 and 85445.

Since this marriage had taken place in the presence of witnesses, then you should try to use that to convince those who doubt that the marriage took place. If they are convinced, then this is what is required, and if not, then what can you do? A person may not be safe from the criticism of people and their harm in general, so he can only be patient.

On this occasion, we stress the importance of announcing the marriage; as this is something desirable. It should be well announced so that it becomes widely publicized, in order that the lineage of children is confirmed and this puts an end to disputes and disagreements, and many noble objectives of the Sharee’ah from marriage are achieved.

Allaah Knows best.

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