Question Summary:
Can we perform nikah secretly now and marry again in august Question Detail:
our marriage is fixed in august this year by our parents and they are happy with the marriage. but myself and my fiancee wants to get marry as soon as we can and we requested our parents to perform our marriage as soon as they can but for some reasons they are unable to do so. we want to protect us from bodily sins coz it is really difficult to keep both of us apart ie we want to marry early.my question is can we perform nikah secretly now and marry again in august. plz help me(in other terms can a man marry same woman twice without giving divorce to her)
Answer :
In the name of Allah, Most Gracious, Most Merciful
The ruling regarding secret marriage is :
If the woman has married such a man who is not “equal” to her in Shariah then the contract of nikah is not valid, even if the guardian of the girl later approves of it.
If the person who the girl got married to is her equal and the other requirements of nikah are found, the nikah will be valid. When this nikah is valid there is no need for re-conducting the nikah. If the nikah is re-conducted it will be considered a futile act. The previous nikah will stay intact.
و يفتى فى غير الكفاء بعدم جوازه اصلا و هو المختار للفتوى لفساد الزمان (رد المحتار) قال العلامة ابن عابدين (قولنا بعدم جوازه اصلا) هذه رواية الحسن عن ابى حنيفة و هذا اذا كان لها ولى و لم يرض به قبل العقد فلا يفيد الرضا بعده بحرو اما اذا لم يكن لها
ولى فهو صحيح نافذ مطلقا كما ياتى.
Rad-ul-Muhtar Vol:3 Pg:56,57 (H.M. Sa’eed company)
However, it is not advisable to marry in secret.
Firstly, if the couple happens to cohabit and a child is born, the public would regard the child to be illegitimate and it would be very difficult to convince them that a Nikah had taken place.
Secondly, this could be a cause for the displeasure of the parents, if they find out; whereas, Islam empahsises on pleasing the parents.
Overall, Islam does not encourage secret nikah and Nabi (Sallallahu Alaihi Wasallam) had ordered the Sahaaba (R.A) to announce their Nikaah.
عن عائشة قالت قال رسول الله صلى الله عليه وسلم أعلنوا هذا النكاح واجعلوه في المساجد واضربوا عليه بالدفوف
Jaami’ Attirmizi Vol:1 Pg:207 (H.M. Sa’eed company)
Therefore, the best advice in the situation mentioned will be to convince the parents to at least have only the Nikah at the moment, and to have the Rukhsati (to live with the husband) and Walima later.
And Allah knows best
Wassalam
Ml. M. Jawed Iqbal,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
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