Ruling on marrying the wife of an absent man without a divorce decree from the judge

He also asks and says: There is a man who married a woman and then was absent for a long period that lasted for years. When his absence from her became prolonged, the woman married another man and bore two children from him. After that, the first husband returned. What is the ruling in this case? And if the woman’s divorce from the second man and her marriage to the first are invalid, to whom do the children belong, the man or the woman? Please inform us, may Allah reward you.
Answer: This woman who married, if she married without a divorce decree from the judge and without a divorce from her husband, then her marriage is invalid, and her children are children of doubt who are attributed to the husband who married her without a valid legal basis; because they were born under a doubt. The second husband to whom she was married, his children are attributed to him; because it is a marriage of doubt, but it is invalid because it occurred without a divorce from the husband and without a divorce decree from the court. Rather, this was an act of boldness and negligence on her part, so it became invalid. However, the children resulted from a doubt and from the husband’s belief that this marriage was valid, so they are attributed to him and he is ruled to be their father if the matter is as such, under a doubt and with the belief that his marriage to her was valid. As for if he intentionally had intercourse with her under the name of marriage while knowing that it was an invalid marriage and that she was not divorced and that the judge had not annulled her marriage, knowing all of this, then this is unlawful sexual intercourse. The hadd punishment for unlawful sexual intercourse is to be carried out against him, and his children are attributed to the woman, not to him. As for if he married her believing that she was divorced by khul' or that she was divorced, not knowing that she was still with her husband, then his marriage is invalid, but his children are attributed to him because of the doubt.
As for the husband who arrived after that, and she had not been divorced from him and had not been separated from him, then he remains in the marriage; she is his wife. She is to be divorced from this husband who took her without right and observe the waiting period. When she has completed the waiting period from this husband who married her under a doubt, she returns to her first husband; because his marriage remains, it has not been annulled and no divorce has occurred from him.
So the result is that this is a major issue, and it is obligatory that it be resolved through the court so that this husband who took her without right is disciplined, if the matter is as the questioner stated. He deserves to be disciplined in any case because he did not verify the matter. And if he knew that she was married and that she had a husband, yet he proceeded to marry her under an invalid marriage, then he deserves to have the hadd punishment carried out against him, the hadd for unlawful sexual intercourse. If he is a married man, he is to be stoned to death, and if he is a virgin, he is to be flogged one hundred lashes and exiled for one year.
So the result is: that this is an important issue that must be referred to the court so that the court examines it, investigates it, and does what the pure Shari'ah requires. And Allah is the One to be sought for help.
The presenter: May Allah reward you.