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Is it possible to make nikah to the same girl twice?

Answered as per Hanafi Fiqh by Askimam.org

Salamun Alaikum, I am in a situation whereby it is quite impossible for me to get get married anytime soon. However the sister I wish to marry and I are afraid we will further haram. We are both practising muslims and up until recently we have followed what Allah[sw] has allowed and refrained from haram. We have not had intercourse or the like but we have kissed and touched hands willingly. I feel like I am a big hypocrite in that I have a beard and my wife wears hijab yet we still do these haram acts. I have stopped visiting her frequently at her house because of my fear (her father is always at home so there is a mahram, but he does not sit directly with us). We do not get privacy, but if her father leaves the room this is when it happens. I am in grave fear that shaytaan will get the better of me once again. I continue fasting every Monday and Thursday, and tell her to do the same. I have recently missed one fard prayer after many years of not missing one and I cannot come to terms with what i have done. I would like to know if a local imam can make the nikah without anybody knowing. I understand the consequences of doing this and know that this is not the ideal solution. After this nikah is done, when the proper ceremony comes along, is it possible to make another nikah? is the first one void? is the second one not valid since the first is still void? I look forward to your answer soon. Jazak Allahu Kahiran.

Answer

Q: I am proposed to a girl. Our families want us to marry only next year.
Since we are seeing each other, can we perform a secret marriage to avoid
committing adultery and officially marry next year?
A: Rasulullah (Sallallaahu Alayhi Wasallam) advised, ‘Announce the Nikah.’
(Mishkaat pg.272; Qadeemi)
The wisdom behind the announcement is to avoid any misconception of an
illegal and illicit relationship between the boy and girl. Although the
first and secret marriage for the purpose of legalizing intimacy will be
valid, but we are also advised to abstain from doubt and disgrace. If the
Nikah is not announced, people witnessing the relationship will regard the
relationship as Haraam and illegal.
Furthermore, what if the girl conceives and gives birth before the official
‘second’ marriage? The negative factors surrounding that as well as the
child for the rest of his/her life are well known. Therefore, we advise that
if there is a dire need to fulfil one’s desires, the Nikah be expedited to
avoid the abovementioned negative factors of a secret marriage.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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