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:

In  the name of Allah the most Beneficent and merciful

KINDLY TREAT AS MOST URGENT

Respected Sirs,

Assalam-alaikum

I am a God fearing man, from a respectable and religious family.  I am very much disturbed and confused and can't conclude any thing, so need your sharai suggestion and fatwa for the below statement:

One day, I was reading a news paper and found under matrimonial  column : seeking a match for a doctor  working in U.K .  I felt it will be suitable for my daughter, a student of B.E. final year.  Upon my proposal and invitation they (mother, 2 elder brothers, bride-groom (Dulha), younger brother and wife of one brother) came to my house.  All of them including bride-groom saw my daughter and selected her.  Both the families agreed with each other and Marriage was fixed with in a week, as they were in hurry said that the doctor has to go to U.K.  Marriage ceremony was celebrated grandly in presence of hundreds of relatives and friends.  Every one from both the families was very happy with this marriage. The bride-groom left to U.K. after 4-5 days of the marriage .  Although it was told in the beginning that he will extend his leave for another week but later said that extension was not granted. It was agreed that bride (Dulhan) will leave for UK after finishing her final exams.  The bride finished her exams and mean while received the visa papers from UK and left for UK immediately. The whole thing made her staying 4-5 months away from her husband. 

After joining her husband in U.K. they spent more than two weeks very happily but one day my daughter called me and started crying a lot and said that doctor disclosed that he secretly married to a lady doctor 2 & 1/2 months ago and now she is pregnant  also, he said. There is no proof of nikkah with them.  They said it was done in masjid by imam in front of two musalli whom they don't know.

Upon questioning it was told that, the lady doctor, Pakistani nationality was a few months old friend of my son-in-law, who works with him in the same hospital. When doctor left to India for marriage she phoned him and expressed her likeliness and affection towards him, it seems she had one-sided affection with him. Doctor mentioned about her intention to his family members but all of them condemned it and that matter was closed.  The doctor said to her, he was not having any affection with her. (but no one mentioned this to us).  After wards they selected my daughter with their  will and wish. After marriage, doctor went to U.K., doctor and lady doctor met each other in hospital and parties at their homes and maintained the same relationship as before. What exactly made them to marry Allah knows better. 

In view of above, I am getting the following doubts and want to know in light of shariah the following things:

1.     It seems the lady doctor had a bad intention from the beginning, so she kept close relationship with "gair moharim" bachelor.  Her intention was exposed later clearly when the doctor went to India to marry.  She phoned him, proposed herself and insisted him to come back for her,  which was rejected, and he married to a girl of his and his family's choice. When the doctor returned back to UK after marriage, well knowing that he is a married man, she became more closer to him, which  might have tempted an allowed them to do indecent things (upon asking a lot they are not disclosing this but not opposing even) which might have later forced them to marry.  She tried to fulfill her desire in wrong way. Recently some stuff of taweez-falete were found from her, Is there any jado tona or evil act possibly done?  We notice that the doctor is not able to listen any thing against 2nd marriage from any one.

2.     The doctor, although he didn't had any affection towards the lady doctor, but after knowing that the lady doctor was attracted towards him, instead of keeping himself away from her, he still maintained a close relationship with "gair moharim" and when she came more closer to him and shaitaniat might have indulged them to do indecent things which might have later forced them to marry.

3.     The marriage is a respectable ceremony in which two families get tied up and get lots of blessings from parents and close relatives and make the marriage known publicly. They married very secretly in a mosque, in presence of two mussalli whom they don't know.  Although lady doctors elder sister and younger brother stay in the same town, more over the doctors younger brother stay along with him but they didn't even tell or invite him.  They don't have any evidence of marriage in written. Even it is not sure whether the doctor mentioned to imam that this is his 2 ^nd marriage.

4.     The second marriage has been done with out any valid reason.  The doctor did not take any consent of his 1^st wife or parents. And not even bothered to inform them while marrying.  Even the lady doctor did not inform her parents.  They did just a secret marriage.  It is not the case  they love each other, parents don't like and they married secretly.  It seems that they might have done some thing wrong which might have later forced them to marry.

5.     The 1^st wife gone to U.K. to join his husband normally does not know any thing about 2^nd marriage. After joining her husband, around 18 days later she was told by her husband all about 2 ^nd marriage and the pregnancy the 2^nd wife has. She was shocked and worried,  later she informed aboutt it to us and her in-laws.  Every one got shocked as no one expected such thing from the doctor; he is a good person.  Now every one is scolding him and saying this is an un-islamic way and na-jayez etc. etc.  Every one gives their own opinion on it. The whole family is very disturbed, shameful and sad.

6.     The doctor says islam allows 4 wives, so I maintain 2 and will keep them happy and do justice with both of them. He is just taking advantage of literal translation of sureh nisa to convence himself.  Since every one is tensed right now, he is trying to convince his parents and family, but no one is convinced yet.  Now he brought his 2 ^nd wife to his home where he lives with his first wife.  The first wife is not happy at all to share  with the 2^nd one under the same roof and requesting him to keep her separately and not to hurt her feelings.  But he is just excusing not realising the womens feeling and trying to manage her. 

7.     My daughter being an innocent bearing all tense and the others making such an envornment forceing her indirectly either accept the things or quit. They are not leaving any other obtion for us.

PLEASE LET ME KNOW:

1.     WHO IS THE MAIN CULPRIT AND SINNER IN THIS.

2.     IS THIS MARRIAGE AN AUTHENTIC ONE OR NOT.

3.     IS THE PREGNENCY JAYAZ OR NA-JAYAZ.

4.     THEIR LIVING TOGETHER IS PERMITED OR NOT EVEN THOUGH THE 1^ST WIFE IS NOT FEELING COMFORTABLE AND EXPRESSING IT CLEARLY.

5.     IS IT OK FOR ME TO KEEP MY DAUGHTER WITH THEM IF I DOUBT THAT THEY ARE SINNER – WHAT SHOULD I OR MY DAUGHTER DO NOW.

6.     IS THERE ANY KAFFARA FOR THEM TO CORRECT THEMSELVES.

7.     ANY OTHER VALID SHARIAH THINGS IN THIS REGARD.

Kindly respond me at your earliest and I oblige and kindly request as we are tensed regarding these matters since last 2 ½  month.

Thanking you in advance for your guidance as per Islamic Shariah.

Best regards,

Yours loving muslim brother,

M.A. Kaleem

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Person does second 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.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 3:

3 If ye fear that ye shall not be able to deal justly with the orphans marry women of your choice two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them) then only one, or (a captive) that your right hands possess. That will be more suitable to prevent you from doing injustice.

Dear and beloved brother, Allah Subhanah Himself has given permission to a believer that if he is absolutely confident that he would be able to do justice amongst his wives, and if he so wills and pleases, to marry two, or three, or four women of his choice. But if the person fears that he might not be able to be just amongst his wives, then he is guided to marry only one.

Q-1: WHO IS THE MAIN CULPRIT AND SINNER IN THIS.

If the doctor and the (2^nd) woman he married developed a secret relationship before marriage, or said or did anything which transgressed the clearly defined boundaries of Allah Subhanah; then both of them will equally bear the burden of the sin which they might have committed before their ‘nikaah’ took place.

Q-2: IS THIS MARRIAGE AN AUTHENTIC ONE OR NOT.

Provided the obligation of a Shariah ‘nikaah’ were met; ie:

1. Proposal by one party and acceptance by the other
2. The determination of ‘mehr’ to be paid to the bride
3. The availability of two witnesses to the marriage contract
4. The consent of the ‘wali’ (father/guardian) of the bride to the marriage….

Provided the above listed obligatory conditions of an Islamic ‘nikaah’ were honored, the marriage between the doctor and the 2^nd woman will be absolutely lawful and legal in the Sight of Shariah Law and of Allah Subhanah.

Beloved brother, contrary to the popular misconception, a believer who wishes to exercise his right or option to take on a 2^nd wife does not need the permission of his first wife.

Provided the obligatory conditions of an Islamic ‘nikaah’ were all honored, the marriage between the doctor and his 2^nd wife would be considered absolutely authentic, lawful, and legal in the Sight of Shariah.

For any person to force, or coerce, or mentally pressure or blackmail or torture the husband to divorce his 2^nd wife, after he has married her lawfully, would indeed be a grave sin in the Sight of Allah Subhanah.

Al-Muwatta Hadith 46.7

Yahya related from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah (saws) said, "A believing woman should not ask for the divorce of her sister to make her plate empty and in order to marry. She will have only what is Decreed for her (by Allah)."

Q-3: IS THE PREGNENCY JAYAZ OR NA-JAYAZ.

If the pregnancy of the 2^nd wife was conceived after her ‘nikaah’, the pregnancy and the child which results from such a pregnancy would be absolutely lawful and legal in the Sight of Shariah and of Allah Subhanah.

Q-4: THEIR LIVING TOGETHER IS PERMITED OR NOT EVEN THOUGH THE 1^ST WIFE IS NOT FEELING COMFORTABLE AND EXPRESSING IT CLEARLY.

Even the Messenger of Allah (saws) who had nine wives at one time made sure that he (saws) provided each of his wives a separate and distinct accommodation.

Thus one who wishes to exercise their option of keeping more than one wife should fear Allah their Lord, respect the emotions of his wives, and make sure he provides separate and distinct accommodation to each of his wives; that would be closer to piety and righteousness in the Sight of Allah Subhanah.

Q-5: IS IT OK FOR ME TO KEEP MY DAUGHTER WITH THEM IF I DOUBT THAT THEY ARE SINNER – WHAT SHOULD I OR MY DAUGHTER DO NOW.

If the first wife cannot bring herself to accept the condition that her husband has taken on a 2^nd wife, she is well within her rights in Islam to ask her husband to divorce her and grant her her freedom; and there would be no sin upon her.

But under absolutely no circumstances should the 1^st (or the 2^nd) wife compel or force or coerce or pressure their husband to divorce the other wife; for every person will have only the sustenance which the Lord has Decreed for them.

But if the husband is striving to do justice between his two lawfully wedded wives, and the wives themselves are content with their condition of being married to a husband who has two wives….it would not be right for the guardians or friends or family of one of the wives to insist or pressure or coerce the husband to divorce one of his wives….that indeed would be a sin in the Sight of Allah Subhanah.

Q-5A: WHAT SHOULD I OR MY DAUGHTER DO NOW.

If your daughter can bring herself to reconcile that her husband has taken a 2^nd wife, and she finds that her husband is striving to be just between his wives….she is well within her rights to choose to accept her condition and save and maintain her marriage.

But if your daughter is not able to bring herself to accept her condition of being one of the two wives, she is well within her rights to seek a divorce and her freedom.

Respected brother, you as the father of the 1^st wife should respect the decision of your daughter, whether it be to save the marriage or seek a divorce.

Q-6: IS THERE ANY KAFFARA FOR THEM TO CORRECT THEMSELVES.

Neither the doctor nor the 2^nd woman have committed any sin in the Sight of Shariah and of Allah Subhanah, if the two of them chose to lawfully marry each other under the guidance and allowance of Shariah.

If the two of them had developed an illicit relationship before marriage, they should turn back to their Lord in ‘taubah’ and sincerely seek forgiveness for their transgression; it is expected they will find their Lord Forgiving and Merciful.

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