A Woman Annulled Her Marriage Without Her Husband's Knowledge and Married Another

Question :

A woman appointed a lawyer to obtain her share of an inheritance from her father and he requested from her a sum of money which she did not possess. So he requested her to marry him in return for him acting as counsel on her behalf. Since this woman was married, but her husband was not present, because he works abroad, this woman appointed this lawyer to obtain an annulment from her husband and he did so, without contacting the husband, although this wife had his address and he was sending her and her daughter - who is eleven years old and her son who is eight years. old-financial support. What is the ruling on this marriage? Who has the right of custody of this son and daughter?

Answer:

There is no doubt that this action is forbidden, a terrible crime, and an invalid legal scheme. Because she was in the custody of her husband, he was sending her and his children financial support, and because this lawyer achieved the annulment of her marriage to her first husband in order to marry her. Even though it was possible to contact the first husband and to examine his reason, and to give him a period of time in which to return.

Based upon this, if the annulment was obtained through an Islamic Law Judge after it was ascertained that there were reasons and justifications for it, then her marriage to the first husband is dissolved by the Judge's annulment. If not, then it is forbidden and she remains in the custody of her husband and her second marriage is forbidden. As for the children, they should be with their mother, but if the second husband forbids her, the right of custody is transferred to her nearest relative or the relatives of their father. And if the husband returns quickly, he may reclaim her, according to his wish.

Source:
Ibn Jibreen
Fatawa Islamiyah, Vol. 5 Page 433