His wife did not invalidate her previous marriage
16-4-2009 | IslamWeb
Question:
Im a 40 years old gentleman previously married and divorced and have 2 kids Recently I was introduced to a divorced lady that a kidWe got married and were living in harmony until I received an email from a gentleman indicating that I was married to his wife My wife said that she did marry him in secret without the knowledge of her wali as she was a theyb as he was unable to inform his parents now and they didnt want to commit a sin and it was between him her a dowry and 2 shehoud then she felt unease and asked a scholar who told her she should stop this relationship as it is void is zina as there is no wali and its in secret and it is true a theyb can take her own decision according to hanafi but it shouldn’t be behind her family meaning that her father consent isn’t a must but his knowledge is and there has to be eshhar.then she informed him to tell his family about it so that they can do the marriage the right way but he said he cant do anything about it so she told him she will stop this relationship do her 3eda as was adviced by the scholar and he shouldn’t contact her again and she will marry the first man who proposes.Then he tried to contact her after our marriage and asked her to leave me and threatened her to tell about there story and when she refused to surrender to his demands he informed me.As a husband I found it nearly impossible to trust her again and decieved The fact that she deliberately hid this away and never talked about it left me with an everlasting bitter taste and I broke down and told my family she says islam asks for satr and the scholar has adviced her to end the relationship and do esteghfar and keep it to her self. I cant deny that she is a great wife and mother But now my father is against it and says he will not erda about me if I go ahead with it as she is a sinner and a liar.I want to make sure if my marriage is void as my father says or not. Or Is it true that the previous marriage as there was no wali an in secret was void.
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 
is His slave and Messenger.
First of all, it should be mentioned that this is one of the most complex issues and the most serious matters because of the overlapping rights of people and the different parties disputing with each other, and the mixed family lineage. Therefore, this case should be taken to Islamic courts or to authorities that serve as Islamic courts and study the issues of Muslims in countries where there are no Islamic courts, so that it would seek details about things that need to be detailed and judge the matter accordingly. This matter should not be based on questions and answers from a distance because there are so many probabilities and the rulings differ according to each probability. Investigating all such probabilities is not possible in such a case.
In any case, we say that if the first marriage took place without a guardian, then it is a void marriage according to the view of the majority of the jurists 
as we clarified in Fatwa 86987. For more benefit on the conditions of a correct marriage, please refer to Fatwa 83629.
Even though this marriage is void, the marital relationship should be ended, either by the husband divorcing his wife, or that the judge invalidates the marriage. However, this marriage does not become invalid just by the wife saying that she will end the relationship.
Since you married her before that first marriage was invalidated, then your marriage to her is void, however, if you did not know that she is still married to that man, then your marriage to her is considered a doubtful marriage [i.e. you married her while believing that your marriage to her is valid].
Again we stress what we have mentioned that a Fatwa is not enough in such a case and that it is necessary to take the matter to an Islamic court or an authority that serves as an Islamic court in non-Muslim countries.
The following points should be mentioned:
1- The guardian is a condition for the validity of the marriage contract whether the woman is virgin or previously married woman (a divorce or a widow). The matter that relates to a virgin woman or a previously married is the matter of obliging her or not obliging her to marry (a man of her guardian’s choosing), but not the issue of marriage without the consent of her guardian.
2- Obedience to parents comes in priority over marrying a specific woman unless not marrying this woman causes harm or hardship to the son while the parents have no sound reason for objecting to him marrying her.
3- You are obliged to obey your father in this issue because your relationship with this woman is illegal after you had known that she is married to that man.
Allaah Knows best.