Fatwa #57424 June 2002South Africa
Is a Nikka valid if the husband does not regard the person he has married as a wife ?
Question
If the man has made nikka for the second time and taken a second wife but says that he does not think that he will be able to regard her as a wife does this make the nikka valid ? Can the women stay married knowing she will never be recognised as a wife ? Can she ask for a Talak ?
Answer
Once a person is married, he has to regard the woman he married as his wife.
He has to fulfil her marital rights. If he does not do so, he will be
sinful.
It is irresponsible of a person to marry a woman and think he will not be
able to regard her as a wife. Why then did he marry her? However, such a
statement does not constitute divorce.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
He has to fulfil her marital rights. If he does not do so, he will be
sinful.
It is irresponsible of a person to marry a woman and think he will not be
able to regard her as a wife. Why then did he marry her? However, such a
statement does not constitute divorce.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai