Excerpt taken from the book “Aḥkām wa Masā’il – In the Light of the Qur’an and Sunnah” by Shaykh Mubashshir Ahmad Rabbānī
A woman, without receiving a divorce, has married another man and afterward submitted a request for khulʿ (divorce) from her first husband in court. What is the Islamic ruling regarding this?
From the written question and verbal communication of the inquirer, it is clear that his wife ran away from home and, without obtaining a divorce from her husband, married another man. To conceal her wrongdoing, she later filed a petition in court requesting a khulʿ decree. This act of hers is absolutely impermissible and sinful.
According to Islamic law, after marriage, a woman is obligated to obey her husband, act as the guardian of his home, and protect his wealth and honor in his absence. Even certain voluntary acts of worship (like non-obligatory fasts) are not permissible for her without his permission.
① Sayyidunā Ḥusayn ibn Muḥsin رضي الله عنه narrates that his paternal aunt visited the Prophet ﷺ for a need. The Messenger ﷺ asked:
"Is this woman married?"
He replied: "Yes."
The Prophet ﷺ asked:
"How do you treat your husband?"
She said: "I do not fall short in obeying him, except in what is beyond my ability."
The Messenger ﷺ said:
فَانْظُرِي أَيْنَ أَنْتِ مِنْهُ، فَإِنَّمَا هُوَ جَنَّتُكِ وَنَارُكِ
“Then consider where you stand with respect to him, for he is your Paradise and your Hell.”
— [Musnad al-Ḥumaydī: 335; al-Ḥākim: 2769]
This ḥadīth shows that a woman's obedience to her husband is a means to Paradise, and harming him leads to Hellfire.
② The Prophet ﷺ said:
"It is not permissible for a woman to fast (non-obligatory) while her husband is present except with his permission."
— [Ṣaḥīḥ al-Bukhārī: 5195; Ṣaḥīḥ Muslim: 1026]
③ Sayyidunā ʿUqbah ibn ʿĀmir رضي الله عنه narrated that the Messenger ﷺ said:
"Beware of entering upon women!"
A man from the Anṣār asked: "O Messenger of Allah! What about the husband’s male relatives (like brother-in-law)?"
The Prophet ﷺ replied:
"The brother-in-law is death."
— [Ṣaḥīḥ al-Bukhārī: 5232; Ṣaḥīḥ Muslim: 2172]
This ḥadīth prohibits seclusion with non-maḥram men, even more so running away with one.
④ In a narration of Muʿādh ibn Jabal رضي الله عنه, the Prophet ﷺ said:
"It is not permissible for a believing woman to allow someone into her husband’s house whom he dislikes, nor to go out when he dislikes, nor to obey anyone against his will."
— [al-Bayhaqī: 7/293, ḥadīth 14715; al-Mustadrak: 2/189, ḥadīth 2770 — ḥasan due to supporting chains]
Another version from ʿAbdullāh ibn ʿUmar رضي الله عنهما states:
"She should not leave his house without permission. If she does, the angels curse her—those of mercy and of wrath—until she returns or repents."
[al-Muʿjam al-Kabīr; al-Tamhīd; Musnad al-Ṭayālisī: 1951; Bayhaqī: 7/392]
The Prophet ﷺ was asked: “Even if the husband is unjust?” He replied: “Even if he is unjust.”
Shaykh al-Islām Ibn Taymiyyah رحمه الله said:
"It is not lawful for a wife to leave her house without her husband’s permission. Nor is it lawful for anyone to detain her or prevent her return, regardless of the reason. If she leaves without permission, she is sinful, disobedient to her husband and to Allah and His Messenger, and deserving of punishment."
— [Majmūʿ al-Fatāwā: 32/281]
He further said:
"If she leaves without permission, she is not entitled to maintenance or clothing."
Thus, a woman running away without her husband's permission is committing a ḥarām act and deserves punishment. To make matters worse, if she marries another man without first obtaining a divorce, this becomes an even greater sin.
Allah says:
﴿ وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ ﴾
“And [also prohibited are] married women...”
— [Surah al-Nisāʾ: 24]
Imām Ibn Kathīr رحمه الله writes:
“This refers to married women among strangers, meaning that it is ḥarām to marry any woman who is already married.”
— [Tafsīr Ibn Kathīr: 2/224]
Even if a woman is only engaged, others are prohibited from sending a marriage proposal until that engagement is clearly ended.
Abū Hurayrah رضي الله عنه narrated:
"No man should propose over the proposal of his brother until he marries or leaves it."
— [Ṣaḥīḥ al-Bukhārī: 5144; Ṣaḥīḥ Muslim: 1413]
Hence, it is absolutely ḥarām to marry a woman who is still married to another man. The couple who entered this marriage are guilty of zinā (fornication) and deserve the ḥadd (legal punishment) which an Islamic ruler should enforce.
The girl’s family married her off without obtaining a divorce, and later fabricated a legal cover-up in court. This is both deceptive and ḥarām.
Those involved have cooperated in sin, and all are liable to divine punishment.
This issue lies with the Islamic judicial authority, but in the absence of a Sharīʿah-implementing government, such cases remain unresolved. However, they will certainly be held accountable before Allah.
❖ Question:
A woman, without receiving a divorce, has married another man and afterward submitted a request for khulʿ (divorce) from her first husband in court. What is the Islamic ruling regarding this?
❖ Answer:
From the written question and verbal communication of the inquirer, it is clear that his wife ran away from home and, without obtaining a divorce from her husband, married another man. To conceal her wrongdoing, she later filed a petition in court requesting a khulʿ decree. This act of hers is absolutely impermissible and sinful.
According to Islamic law, after marriage, a woman is obligated to obey her husband, act as the guardian of his home, and protect his wealth and honor in his absence. Even certain voluntary acts of worship (like non-obligatory fasts) are not permissible for her without his permission.
❖ Key Textual Evidences:
① Sayyidunā Ḥusayn ibn Muḥsin رضي الله عنه narrates that his paternal aunt visited the Prophet ﷺ for a need. The Messenger ﷺ asked:
"Is this woman married?"
He replied: "Yes."
The Prophet ﷺ asked:
"How do you treat your husband?"
She said: "I do not fall short in obeying him, except in what is beyond my ability."
The Messenger ﷺ said:
فَانْظُرِي أَيْنَ أَنْتِ مِنْهُ، فَإِنَّمَا هُوَ جَنَّتُكِ وَنَارُكِ
“Then consider where you stand with respect to him, for he is your Paradise and your Hell.”
— [Musnad al-Ḥumaydī: 335; al-Ḥākim: 2769]
This ḥadīth shows that a woman's obedience to her husband is a means to Paradise, and harming him leads to Hellfire.
② The Prophet ﷺ said:
"It is not permissible for a woman to fast (non-obligatory) while her husband is present except with his permission."
— [Ṣaḥīḥ al-Bukhārī: 5195; Ṣaḥīḥ Muslim: 1026]
③ Sayyidunā ʿUqbah ibn ʿĀmir رضي الله عنه narrated that the Messenger ﷺ said:
"Beware of entering upon women!"
A man from the Anṣār asked: "O Messenger of Allah! What about the husband’s male relatives (like brother-in-law)?"
The Prophet ﷺ replied:
"The brother-in-law is death."
— [Ṣaḥīḥ al-Bukhārī: 5232; Ṣaḥīḥ Muslim: 2172]
This ḥadīth prohibits seclusion with non-maḥram men, even more so running away with one.
④ In a narration of Muʿādh ibn Jabal رضي الله عنه, the Prophet ﷺ said:
"It is not permissible for a believing woman to allow someone into her husband’s house whom he dislikes, nor to go out when he dislikes, nor to obey anyone against his will."
— [al-Bayhaqī: 7/293, ḥadīth 14715; al-Mustadrak: 2/189, ḥadīth 2770 — ḥasan due to supporting chains]
Another version from ʿAbdullāh ibn ʿUmar رضي الله عنهما states:
"She should not leave his house without permission. If she does, the angels curse her—those of mercy and of wrath—until she returns or repents."
[al-Muʿjam al-Kabīr; al-Tamhīd; Musnad al-Ṭayālisī: 1951; Bayhaqī: 7/392]
The Prophet ﷺ was asked: “Even if the husband is unjust?” He replied: “Even if he is unjust.”
❖ Views of Scholars:
Shaykh al-Islām Ibn Taymiyyah رحمه الله said:
"It is not lawful for a wife to leave her house without her husband’s permission. Nor is it lawful for anyone to detain her or prevent her return, regardless of the reason. If she leaves without permission, she is sinful, disobedient to her husband and to Allah and His Messenger, and deserving of punishment."
— [Majmūʿ al-Fatāwā: 32/281]
He further said:
"If she leaves without permission, she is not entitled to maintenance or clothing."
Thus, a woman running away without her husband's permission is committing a ḥarām act and deserves punishment. To make matters worse, if she marries another man without first obtaining a divorce, this becomes an even greater sin.
❖ Ruling on Marriage Without Divorce:
Allah says:
﴿ وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ ﴾
“And [also prohibited are] married women...”
— [Surah al-Nisāʾ: 24]
Imām Ibn Kathīr رحمه الله writes:
“This refers to married women among strangers, meaning that it is ḥarām to marry any woman who is already married.”
— [Tafsīr Ibn Kathīr: 2/224]
Even if a woman is only engaged, others are prohibited from sending a marriage proposal until that engagement is clearly ended.
Abū Hurayrah رضي الله عنه narrated:
"No man should propose over the proposal of his brother until he marries or leaves it."
— [Ṣaḥīḥ al-Bukhārī: 5144; Ṣaḥīḥ Muslim: 1413]
Hence, it is absolutely ḥarām to marry a woman who is still married to another man. The couple who entered this marriage are guilty of zinā (fornication) and deserve the ḥadd (legal punishment) which an Islamic ruler should enforce.
❖ Final Ruling:
The girl’s family married her off without obtaining a divorce, and later fabricated a legal cover-up in court. This is both deceptive and ḥarām.
Those involved have cooperated in sin, and all are liable to divine punishment.
This issue lies with the Islamic judicial authority, but in the absence of a Sharīʿah-implementing government, such cases remain unresolved. However, they will certainly be held accountable before Allah.
