Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

ASLAM ALIKUM .....I GOT MARRIED JUST BFFORE 3 MONTHS ...AFTER ONE MONTH THERE WAS a FIGHT BETWEEN MY PARENTS AND MY HUSBAND AS THEY BOTH WERE PARTNERS IN A BUSINESS.....AND NOW SOME OF MY HUSBANDS RELATIVES ARE SAYING THT THIS IS HIS SECOND MARRIAGE HE HAD DONE ONE BEFORE MY HUSBAND HAD TOLD THIS TO ME BEFORE MARRIAGE THT HE DIDNOT DO THE NIKAH THT WAS JUST TO SHOW THT GIRL`S PARENTS THT HE DID NIKKAH BECOZ SHE WAS PREGNANT AND WAS NOT MARRIED SO JUST TO SAVE HER HE SAD THT HE WILL MARRY HER BUT THT WAS JUST A PAPER WORK NOT ACTUAL NIKKAH ...NOW ALSO HE IS SAYING THE SAME THING BUT..MY MOTHER ASKED A BABA TO DO ISTIKHARA AND TO KNOW WETHER HE DID NIKKAH OR NOT AND THT BABA ALSO SAID THT HE DID......NOW MY PARENTS ARE SAYING TO LEAVE HIM...BUT I KNOW MY HUSBAND CANT LIE WITH ME .....WHT TO DO NOW PLZ ADVICE MEEEEEEE PLZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ ANSWER ME AS SOON AS U CAN PLZZZZZZZZZ

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Answer:

Fake marriage

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

ONE BEFORE MY HUSBAND HAD TOLD THIS TO ME BEFORE MARRIAGE THT HE DIDNOT DO THE NIKAH THT WAS JUST TO SHOW THT GIRL`S PARENTS THT HE DID NIKKAH …….BUT THT WAS JUST A PAPER WORK NOT ACTUAL NIKKAH ...

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

Dear and beloved Sister in Islam, if your husband simply told the parents of that other woman a lie that he is married to her without the actual performance of a ‘nikaah’, then it is a lie uttered by your husband and a sin….but he would not be considered legally married to that woman in the Sight of Shariah Law.

But if your husband performed and fulfilled the actual rites of ‘nikaah’ with the other woman, absolutely regardless of whether it was only a ritual, or done only to appease the parents of the other woman, absolutely regardless of whether his intention was to ‘actually’ wed the other woman or not…..as long as the rites of the Islamic ‘nikaah’ were fulfilled, your husband will be considered married to that ‘other’ woman in the Sight of Shariah Law!

If your husband performed and fulfilled the actual rites of an Islamic ‘nikaah’ with that ‘other’ woman, and their intention was only to produce a fake document to present a lie and falsehood to the parents of that woman…..both your husband and that other ‘woman’ would be guilty of making a mockery of the sacred institution of ‘nikaah’ and the Laws of Allah Subhanah! Whatever might be the case, if all the rites of an Islamic ‘nikaah’ were fulfilled between your husband and the ‘other’ woman, absolutely regardless of their intentions, that ‘nikaah’ would be valid in the Sight of Shariah Law.

Your Statement:..MY MOTHER ASKED A BABA TO DO ISTIKHARA AND TO KNOW WETHER HE DID NIKKAH OR NOT AND THT BABA ALSO SAID THT HE DID......

Unless and until this supposed ‘baba’ has the knowledge or the power to look into the ‘unseen’ (which obviously is the sole Right and an Attribute absolutely Exclusive to Allah Subhanah Alone)…..the ‘baba’ has absolutely no way of determining in the ‘unseen’ whether or not your husband performed the ‘nikaah’ through the process of ‘istakhara’ or anything else whatsoever!

Your Question: ...BUT I KNOW MY HUSBAND CANT LIE WITH ME ....

Beloved Sister, you are well within your rights to seek a clarification from your husband regarding whether or not the actual rites or an Islamic ‘nikaah’ with the other woman were performed and fulfilled by him; if your husband says they were performed, regardless of the intentions he held, he will be considered legally married to that woman….if your husband says that the ‘nikaah’ was not performed, then you should take his word for it and close the matter once and for all.

Your Question:.....WHT TO DO NOW PLZ ADVICE MEEEEEEE

Dear and beloved Sister, regardless of whether your husband performed the ‘nikaah’ with the other woman or not…..as long as all the obligatory conditions of an Islamic ‘nikaah’ in the marriage between you and your husband were fulfilled, your marriage to your husband is absolutely valid in the Sight of Allah Subhanah and Shariah Law; for Islam has allowed and permitted the believers to marry more than one wife.

If your husband did indeed perform the actual rites of ‘nikaah’ with the other woman, she will be considered his legally wedded first wife in the Sight of Shariah Law, and it is entirely upto your husband whether he wishes to honor and keep her as his wife or separate from her through the lawful channel of divorce.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan