The World Federation One Stop Fiqh
Search
Menu

Ruling 2420

If it is established for a man that a woman is married, and he knows it is unlawful to marry a married woman but marries her anyway, he must separate from her and not ever marry her again. If he was ignorant of either matter – i.e. the subject (mawḍūʿ) [the woman being married] or the rule (ḥukm) [of it being unlawful to marry a married woman] – then the marriage contract is invalid but the woman does not become unlawful for him forever, provided they did not have sexual intercourse. If he did not know she was married and had sexual intercourse with her after getting married to her, then based on obligatory precaution, she becomes unlawful for him forever.

  • Commentary

    The wording of this ruling was changed in March 2022. The previous version read as follows:

    “If a person knows that a woman is married but he marries her anyway, he must separate from her and must not marry her again. The same applies, based on obligatory precaution, if he does not know that she is married but he has sexual intercourse with her after getting married to her.”