Wants to ascertain the validity of his second marriage
19-7-2009 | IslamWeb
Question:
Assalam-o-Alikum,
I named Faisal Aman Khokhar S/o Aman Ullah Khokhar served a written three time notice of divorce to my wife on date March 07, 2007.
I got married for the 2nd time on date April 28, 2007.
My question is.
1) Does the NIKAH with my 1st wife after serving notice of 3 time divorce remain intact or divorce (TALAAQ) was fully imposed at the spot?
2) Is my 2nd marriage on 28th April 2007, correct and legitimate as per SHARIA or not?
Immigration officer objection on my visa for permanent residence in Canada that
“At the time of my second marriage I was spouse of another person”
Kindly if you could answer this question as soon as possible. I referred this question three times on your web site also.
Wassalam.
Faisal Aman Khokhar
House No. C.B-223/A, Street No.1,
Liaqat Road, Lala Zar Colony.
Distt – Rawalpindi.
Wah Cantt
PAKISTAN.
Ph No. 0333-5258510
0300-5153808
051-4510855
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
We have previously stated that divorce takes place if a husband writes it while intending to initiate divorce. For details, refer to Fataawa 89894 and 87034.
However, it appears from your question that you intended divorce when you wrote the divorce of you first wife. If this is true, then divorce has taken effect and the divorce three times in one expression is considered three divorces according to the majority of the jurists 
.
With regard to your marriage to another woman, if it met the conditions of a valid marriage, the most important of which is the presence of the woman's guardian and the witnesses, then it is a correct marriage. For more benefit about the conditions of the Islamic marriage, refer to Fatwa 83629.
Finally, you should know that your first wife - whether or not she is still your wife – does not affect the validity of your marriage to your second wife.