Marrying Same Woman Twice and Nikah without Wali

Fatwa ID: 02466

Answered by: Ustaadha Bint Salih

Question:

AssalamuAlaikum,
I wanted to ask questions about Nikah in Islam.
Is it allowed in Islam to do nikah twice with a same person?
Is it permitted for a girl to have nikah without parent's permission in a situation where she cannot tell her parents temporarily?
What does Shariya say if Nikah is done secretly without parent's consult but in the presence of witnesses following proper Sunnah?

JazakAllah.

Answer

بسم الله الرحمن الرحيم

Marrying the Same Woman Twice:

According to Shariah, the only way one can marry the same person twice is if the two marriages are separated by divorce. For instance, if one marries a woman, then divorces her, after the duration of her iddah (waiting period) she is now free to marry whomsoever she likes. If her ex-husband wants to marry her again, he would only be allowed to do so if she marries another man and has relations with him also. If this second husband divorces her, after her second waiting period, her first husband can marry her again. This procedure is known as Halalah. It is only allowed by chance and must not be pre-planned.

The Messenger of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said: "Allah curses the one who marries to make a woman Halal for her husband, and the one for whom this is done (i.e. the first husband and the woman)"
(Ahmad, Nasai, Tirmidhi).

It is important to note, if Halalah is pre-planned, the nikah will be valid, but those involved will be sinful.

A WomansNikah without the Consent of her Wali:

A free, sane, mature lady can marry without the permission of her wali (guardian) according to Imam Abu Hanifa and according to the most apparent opinion (zahir-e- riwayath) of Imam Abu Yusuf. Another opinion of Imam Abu Yusuf is that nikah will not be valid without the consent of the wali.

Imam Muhammad states that the nikah will be mawqoof (pending) upon the permission of the wali.  It has been narrated that Imam Muhammad changed his opinion to that of Imam Abu Hanifa and Imam Abu Yusuf’s.
(Hidayah, Vol 2, P313)

Although various opinions have been given in this regard, the most authentic in the Hanafi Fiqh is that a woman can marry without the consent of her Wali as long as the other conditions for nikaah are met.

The conditions for a nikaah to be valid according to Shariah are that there should be offer and acceptance (from the couple or a proxy) in one session, which should take place in the presence of two adult male witnesses or one adult male and two adult female witnesses.
(Hidayah, Vol 2, P305-306).

Having said that, it is of course best to seek consent from ones parents and gain their blessings if one is able to do so. The Shariah always stresses on keeping the parents happy and marrying in their absence would of course upset them. Nonetheless, the lesser of the two evils is to marry without their knowledge than to live in sin.

I pray Allah eases the situation and keeps us all on guidance.

Only Allah knows best.

Ustaadha Bint Salih.

DarulIfta Birmingham.

Checked and approved by Mufti Mohammed Tosir Miah

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