Secret Nikaahs

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:

1. Is there a difference in nikaah and marriage?

2. Is it permissible to have a nikaah with someone else even when you are married?

3. Is it compulsory to have permission from wife and children (all well grown up) to have nikaah with someone else (due to total / negative and un acceptable cooperation in life from wife)?

Bismillaah

A:

1. Nikaah means marriage.

2. In total, a man is allowed to have four wives in his nikaah at one time.

3. It is not compulsory. Thought it is not a precondition for the validity of the nikaah with the second wife that the husband informs his first wife of the nikaah, however we totally discourage secret nikaahs as this leads to creating suspicion in the minds of people regarding the man and woman whose nikaah has not been publicized as well as a lot of confusion and complications in many masaail i.e. the husband not being able to maintain equality between the wives in regard to their night turns, wealth and other aspects, laws of inheritance in the case of death, etc.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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