Married with two different contracts

22-6-2005 | IslamWeb

Question:

Which of the two marriage contracts is valid and applicable? I am married to my wife based on two marriage contracts, where the first marriage was prior to declaring it in writing, we did marry based on Abu Haneefah sect where she stated that 'Ismah is in her hand as well, i.e. she can divorce herself and the first was verbally in front of two witnesses after a year we had a second marriage where her father being her Wali Amr, stated the new marriage without mentioning about her right for 'Ismah at that time. I would like to know, which contract supersede the second one which is in writing and registered and the divorce can be according to it, or the first still applicable and she has the right to divorce. Please advise.

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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. We ask Allaah to exalt his mention as well as that of his family and all his companions.

The jurists differed in opinion regarding a woman who sets a condition in the contract of her having the right to divorce herself from her husband. The majority of the jurists are of the view that this condition is invalid as it contradicts the terms of a correct marriage contract. However, the Hanafi school is of the view that this is valid if the woman initiates it and the husband accepts it. Therefore, since the first contract is concluded fulfilling the conditions of a correct marriage according to the Hanafi school, then you are bound by this condition, and the second contract, in which the condition is not mentioned, does not affect the validity of the first contract.

Allaah Knows best.