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Question: Assalamualaikum Wa rahmatullahi Wa barakatuhu Al-Hamdu Lillaahi Rabbil ‘Aalameen was-Salaatu was-Salaamu ‘alaa Ashrafil Anbiyaa’i wal Mursaleen.I have a Question regarding Nikah of two people just as a form of clarification if you could assist me please. Assuming a married man is having an affair for a period of 10 years and committing Zina with a non-Muslim decides to make Nikah to the woman with whom  the affair is going on, without the permission of his wife… Is this marriage permitted / allowed? Regards

Answered according to Hanafi Fiqh by Mahmoodiyah

Question:

Assalamualaikum Wa rahmatullahi Wa barakatuhu

Al-Hamdu Lillaahi Rabbil ‘Aalameen was-Salaatu
was-Salaamu ‘alaa Ashrafil Anbiyaa’i wal Mursaleen.

I have a Question regarding Nikah of two people just as a form of clarification if you could assist me please.

Assuming a married man is having an affair for a period of 10 years and committing Zina with a non-Muslim decides to make Nikah to the woman with whom  the affair is going on, without the permission of his wife…

Is this marriage permitted / allowed?

Regards


Answer:

 

 

For a man to marry second wife, permission from the first wife is not needed. He can only do so if he can afford to provide for both equally. If this condition can not be met then for him to get married to the second wife will be impermissible. It is also advised that the first wife should be informed of his intentions to marry a second wife. If the woman he is going to marry is a Mushrikah, then this marriage wont take place at all because one cannot marry a Mushrikah woman (woman who worships idols, stars etc). If the she is a Christian or a Jewish woman, and has the correct beliefs regarding Christianity and Judaism (which is rare nowadays) then he can marry this non Muslim woman. 

And Allah Ta’ala knows best

Shaakir bin Moulana Yaseen Rahim

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

                  

21 March 2006

18 Safar 1427

This answer was collected in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.

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