Mohammad is married to Fatima, after 2 years Mohammad find another woman and gave Fatima 3 Talaaq.

Question ID: 
1476
moh***@gmail.com asks:

Question

Assalamualaikoum,

Mohammad is married to Fatima, after 2 years Mohammad find another woman and gave Fatima 3 Talaaq. After some months, Mohammad could not settle with the othr woman and he left her. Now He wants to comme back to Fatima. He asked few Maulanas and all the Maulanas told him that he can't get married to Fatima again because he gave her 3 Talaaq already. After a while he found a sheik who studied in Madina and the sheik told him that he can get married to Fatima again as only 1 Talaaq counted. The sheik performed their nikah and they stayed together and have 2 kids. Now, after 8 years, Fatima fell in love with Ahmad, a divorced man and Mohammad also is involved with some woman. Mahammad and Fatima fights everyday and they don't talk to each other. Fatima is saying that she is going to marry Ahmad because she is staying in zina with Mohammad all these years. (Definitely she is using this as an excuse now).

1) Did the nikah the Sheik perform valid or not?

2) Does the 2 kids legitimate or illegitimate?

3) What is the best things for Mohammad and Fatima to do now onwards?

Jazak Allah

Answer

Wa alaikumus salaam

Three talaaqs given separately or even at one go is valid and effective according to Ijmaa ( unanimity and consensus of the Sahaba-e-kiraam) and is the adopted view of all 4 mazhabs ( Hambali, Maaliki, Hanafi and Shafi'ee)

By Marrying such a woman one is indulging into zina (adultery). So Mohammad and Fatima are not allowed to live together. It is compulsory for Mohammad to separate from her as soon as possible.

As far as the kids are concerned, they are legitimate as Mohammad and Fatima were induced into error and confusion.