Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
I am confused about a situation.In islam a woman is not allowed to be married at the same time with more than one man.But what does islam command about a situation where a woman comes to know that her husband is dead and under some circumstances has to get married for security to another man again.After some time her first husband arrives unexpectedly and that news of his death was false.In such a situation who does the woman belong to provided that she has children from the first as well as the second marriage?
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.
In such a situation, the children from both the husbands and marriages will be considered absolutely legal; they will be recognized and called in society by their natural fathers names, they will receive inheritance from their mothers and their natural fathers estate upon their death, and every right that is available to a muslim will be accorded to them.
If the first husband returns, he will have to decide if he wants to retain his wife. In such a case, the wife will be considered his legal wife and the second marriage will be automatically dissolved.
If the wife does not want to live as a wife with the first husband, she will have to initiate a divorce with him.
If the first husband does not want to retain his wife, he has a right to recover or forgive the Mehr he had paid her; and the wife will remain with the second husband.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,