Doing Nikah with the same person twice

CategoriesMarriage [603]

My nephew was studying at university and wanted to marry a girl he fell in love with. Her mother said she can’t marry until my nephew finished study and found a job. Two years ago they did nikah without her mother knowing, because they said “to stop sinning”.

They stayed at their own homes. Her mother found out and said she can move in after they invite her family and have big reception, but they are also going to perform nikah in the house before the reception. Is this allowed according to Shariah?

In the name of Allah, the most Beneficent, the most Merciful.

Answer

Firstly it should be borne in mind that to conduct the marriage in secret is against the Sunnah of our beloved Prophet of Allah Sallallahu Alahi Wasalam.

Saaidah Aaisha Radiallahu Anha narrates the Prophet of Allah Sallallahu Alahi wasalam has said, “Publicize the marriage. Do it in a mosque and play the duff.”   (Mishkaatul Masaabeeh p.272)

To publicize a marriage means that it should be performed in public among relatives and friends.   And a noble way of declaring the marriage is to do it in the mosque after the Jumma prayer where everyone can witness it.  (Mazaahirul Haqq p.49 v.4)

For marriage to be valid the condition is that there should be at least two male witnesses or one male and two female witnesses who are required to listen to the words of proposal (Ijab) and acceptance (qabul) clearly. (Hidayah p.306 v.2)

With regards to your question as long as the first nikah was done in the presence of two male witnesses or one male and two female witnesses who heard the words of proposal (Ijab) and acceptance (qabul) clearly, the nikah will be done. The second nikah which is going to be done will be considered as repeating the process again. There is nothing wrong in doing that according to the Sharia, but will be preferable to avoid.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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