Message No : 15Sr.No : 290/724
Question By : Mohd. Azizur Rahman

Assalamu Alaikum
Respected Mufti Saheb,

Kindly provide us with an authentic reply to the following question:
A girl was married according to the Islamic law after six moths of her being released from kidnapers. Is the marriage valid?

Thanking You,

Mohd. Azizur Rahman, Meghalaya


Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Wa Alaikumussalam
Dear Brother in Islam,
The answer to your question is as follows:

After describing the women whom marriage is unlawful, Allah Subhanahu Wa Ta¡¯ala says, ¡°And lawful unto you are all beyond those mentioned¡±. (Suratun-Nisaa: 4/23-24) Since the kidnapped girl is not amongst the unlawful women mentioned in the referred verse, the marriage is valid.

However, if the girl became pregnant by the kidnaper and was married to someone else, the husband would not be permitted to cohabit with her till she brings forth her burden¡ªgives birth to her baby. But if she was married to the person by whom she had become pregnant, the husband would be permitted to have physical relationship with her. (Fatawa Al-Hindiyah, Al-Muharramaat: 1/280)

And Allah knows the best, <

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