Fatwa #1479814 December 2006United States of America
Can i marry second time.will i hav to get permission from anyone..
Question
Assalaamu alie kum, I am 27 years old male. I am married to pious girl.but i was not in love with her i married her only coz of my parents wishes.now i want to marry my girlfriend also.my wife knows somethings of it and not giving me permission of marrying second time.and i care for her also,but as in islam a male can marry 4 times i want to marry my girlfriend also..but as for newer generations 21st century females it is difficult for both to accept it..what i can do to make both understand. pls answer my queries of the following with relation to islam
1-can i marry my girlfriend accordin to shari'ah. my 1st marriage was 1 years back only.
2-wud i hav to ask for my wifes permission or have to tell her in advance about it. 3-wud i need to hav my parents permission.what if i dont tell them.
4-wud i need i to girlfriends parents permission.what if they are against it can we marry secretly.if my parent r willing and i think they will giv me permission.and she says she'll not marry anyone else.
5-can my current father-in-law anull my first marriage on this ground. i dont want to leave my first wife also.
6-if u issue a fatwa for us n if all things are jayaaz other than for goodness u tellus that we hav to obey our parents and still if we go ahead and marry not listening to anyone then will i be a sinner in islam.
7-will my nikah be legal if i do it even if theres is a need for permission of my first wife.
8-can my first wife ask for divorce on the grounds of my 2nd mariage.coz she says she'll
9-what if i deny divorce and she goes to her parents home.will marriage be annulled.i hav heard that marriage automatically gets anulled if husband and wife live separately for 20 years.
i know when a person marries more than once then he has to treat every one the same with no discrimination 2wards any of his wives.i think i'll be able to do it if Allah Ta'ala shows me the way.
plz understand my predicament i also dont wont to do anything wrong or against shari'ah that hav to repent for my sins al my life.
Answer
Shariah permits a person to have four wives at once on condition that the husband can maintain and support his wives and also maintain equality among them. If a person cannot support his wives and he cannot maintain equality, it is not permissible for him to take another wife. If he does take another wife in spite of him not being able to support all his wives and not being able to maintain equality, that will be oppression and a major sin. In the enquired case, Shariah prohibits one having a girlfriend.
1. If you wish to marry her you may do so.
2. In order for the Nikah to be valid the first wife’s permission is not necessary. However, it is advisable to discuss the issue with the first wife before committing to another marriage.
3. You are an adult. You do not need your parent’s permission to marry. However, they are your seniors and have your wellbeing at heart. You should discuss your intentions with them.
4. The in-laws permission is not a requirement in Shariah. It is obvious that as parents they will be affected and you may consider their feelings.
5. The father-in-law or first wife cannot claim an annulment of the first marriage due to you taking another wife. A separation of any time period does not constitute a divorce or annulment.
Our advice to you is to be cautious. If your intention of seeking another wife is to attain absolute peace, that is not possible. Tolerate this situation or else you may end up being forced to tolerate a worse situation.
And Allah Ta’ala knows best
Mufti Ebrahim Desai