Performing a Public Nikaah after a Secret Nikaah – Jamiatul Ulama KZN
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Nasihah (Advice): Announce the Nikaah
Sayyiduna Abdullah ibn Zubayr Radiyallahu Anhu reported that Rasulullah Sallallahu Alayhi Wasallam said, “Announce the Nikaah (Do not do it secretly).” [Ṣahih Ibn Hibban]
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Question and Answer:
- Is it permissible to have multiple Nikaahs with the same woman? For instance, if a couple initially has a secret Nikaah due to parental objections over the groom’s unstable financial situation, and later, after he becomes financially stable, they want a public Nikaah with parental approval, is this allowed? I am planning to do that. Please advise.
- A. Islamic Teachings on Nikaah:
In Islam, a Nikaah (marriage) is a public contract, meant to be openly declared to ensure that the community is aware of the marital relationship. Performing a secret Nikaah goes against the teachings of Islam and the Sunnah of Rasulullah (Sallallahu Alayhi Wa Sallam), which promotes transparency to prevent suspicion and doubt within the community.
- Purpose of Nikaah in Islam:
The institution of Nikaah is intended to allow spouses to lead a life of purity, chastity, and righteousness while fulfilling their mutual rights and obligations towards Allah Ta’ala. A secret Nikaah compromises these goals by placing the relationship under secrecy and undue stress.
- Consequences of a Secret Nikaah:
- Inability to Lead a Normal Life: A secret Nikaah can prevent the couple from living openly as a married couple, hindering their ability to fulfill marital duties and responsibilities as prescribed by Shari’ah.
- Creating Suspicion and Doubt: If the couple is seen together without the marriage being known, it can lead to suspicions and negative assumptions in the community, which is contrary to Islamic values of trust and honesty.
- Impact on Having Children: Concealing a Nikaah can complicate having children, as people may wrongly consider any child born as illegitimate due to the secrecy of the marriage.
- Inheritance Issues: If a spouse passes away and the Nikaah was secret, the family might not acknowledge the marriage, leading to complications in distributing the estate according to Islamic law.
- Social and Family Impact:
Keeping a Nikaah secret can cause conflict within families, damaging trust and harmony, which could lead to long-term social and emotional consequences.
- Futility of a Second Nikaah:
Performing a second Nikaah with the same spouse without a prior divorce is unnecessary and merely a formality since the first Nikaah is already valid according to Islamic law. It does not add any new legitimacy or change the marital status provided the first Nikaah was done correctly.
- Seeking Guidance and Mediation:
- It is important to communicate openly with your parents about your existing Nikaah, explaining the situation to gain their understanding and acceptance.
- You might also consider asking local scholars (Ulama), senior family members, or respected members of the community to speak to your parents on your behalf. This could help in resolving any misunderstandings and maintaining family relations while upholding Islamic values.
- Recommendations:
To avoid the complications of a secret Nikaah, it is advisable to inform your families of your intention to marry and to publicize the Nikaah. This will ensure the marriage is recognized by the community and that both spouses can fulfill their Islamic duties without the burden of secrecy.
- Conclusion:
In light of these points, it is clear that a secret Nikaah is strongly discouraged in Islam due to the complications it causes and because it goes against the spirit of the Deen. To fulfill the objectives of Nikaah fully, the marriage should be openly declared, ensuring all responsibilities and rights are honoured according to Islamic teachings.
And Allah Ta’ala Knows Best
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
