Category: Miscellaneous
Fatwa#: 39389
Asked Country: Lebanon

Answered Date: Dec 01,2017

Title: Secret Second Marriage

Question

Assalam Alaykom, I am writing this email to get the opinion regarding our marriage situation I am married and have 3kids. A year ago, I have decide to get married again, a woman (divorced, same age), I knew her for 5 years now from work she got her divorce 3 years ago. she has a very close relationship with my family and a close relationship with my wife and kids. When we took the decision to be together a year ago we had one major issue that our marriage should be secret due to our social situation and the family relations that bond us as mentioned above. So we agreed to get married outside Lebanon to keep it confidential .We agreed on the maher, same as I gave my first wife and it was paid fully, we plan not to have kids and we are planning to buy a house the soonest. We started to meet once a week or every 2 weeks, we have regular intimate relation. My second wife is working with me.She still lives in her parent's house My second marriage didn't interfere or affect my relationship and duties towards my first wife whom I respect and love neither toward my kids who means the world to me. My Second wife was married for 5 years and got he divorce 3 years ago due to several problems with my husband. She doesn't have kids from her first marriage. When we agreed to get married, She knew and understood the disadvantages and the effect of our public marriage on both of our families and social status. As a wife She surely wish things can be easier in our relationship but She feels satisfied, appreciated and respected. I know God's boundaries, i loves and respects my first wife as much as I do with y second she will not take any part of them as well they will not take any part of her We got married without a wali and I know that as per Imam Abi Hanifah it is halal in secret. Now after 2 years of marriage I read that I might be Haram. I just want to assure that nothing is wrong. Appreciate a clear answer. Jazakom Allah khayran. assalamo Alaykom

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to the Hanafi madhab (school of thought), an adult female has an independent right to marry. She may also represent herself in her marriage. She does not require the consent of her wali (guardian) or for her wali to represent her.[1]

If your wife is an adherent of the Hanafi madhab, her marriage to you was valid.

And Allah Ta‘ālā Knows Best.

Lutfi Alam

Student, Darul Iftaa

New York, USA

Checked and Approved by:
Mufti Ebrahim Desai.



[1]

الهداية في شرح بداية المبتدي (١/١٨٥) 

النكاح ينعقد بالإيجاب والقبول ... ولا ينعقد نكاح المسلمين إلا بحضور شاهدين حرين عاقلين بالغين مسلمين رجلين أو رجل وامرأتين ...

مختصر القدوري (ص: ١٤٥)

النكاح ينعقد بالإيجاب والقبول بلفظين يعبر بهما عن الماضي أو يعبر بأحدهما عن الماضي وبالآخر عن المستقبل مثل أن يقول: زوجتي فيقول زوجتك

ولا يعقد نكاح المسلمين إلا بحضور شاهدين حرين بالغين عاقلين مسلمين أو رجل

اللباب في شرح الكتاب (٣/٨)

(وينعقد نكاح) المرأة (الحرة البالغة العاقلة برضاها) فقط، سواء باشرته بنفسها أو وكلت غيرها (وإن لم يعقد عليها ولي) ولم يأذن به

مسند أحمد ط الرسالة (٢٦/٥٣)

عَنْ عَامِرِ بْنِ عَبْدِ اللهِ بْنِ الزُّبَيْرِ، عَنْ أَبِيهِ، أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: أَعْلِنُوا النِّكَاحَ

السنن الكبرى للبيهقي (٧/٤٧٣)

عَنْ عَائِشَةَ رَضِيَ اللهُ عَنْهَا قَالَتْ: قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: أَعْلِنُوا هَذَا النِّكَاحَ، وَاجْعَلُوهُ فِي الْمَسَاجِدِ، وَاضْرِبُوا عَلَيْهِ بِالدُّفُوفِ، وَلْيُولِمْ أَحَدُكُمْ وَلَوْ بِشَاةٍ، فَإِذَا خَطَبَ أَحَدُكُمُ امْرَأَةً وَقَدْ خَضَبَ بِالسَّوَادِ فَلْيُعْلِمْهَا وَلَا يَغُرَّنَّهَا

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