Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I m in loved with one girl from last 8 years. we got court marriage 3 years back with nikaha,but we not have any one from our blood relation as a witness.we have complited all the sunnats of the marriage by booking a hotel.
Q.1:Is it my valid Nikaha?

We are married couple but we r living saperately as from her side nobody knows about our marriage.We have done humbistari for so many times.we do this marraige only to confess my parants for our marriage so i told to marriage everything to my parants and they r now ready for our marriege.
Q.2: is i can perform 2nd nikaha with same girl?

Now a days from last 4/5 month we are having prob. for no reason and she wants to saperated(devoced),i m confessing her from very long but nothing is in my hand and she is out of my controll.I don`t want to give her devoced as i lover her so.... much and can`t see she becomes someones wife. So What should i i do at this situation,I don`t want want to loose her at any cost and now she doesn`t wat to accept me at any how?at my every body knows abt my marriege and asked every time when i m going to bring my wife.I m 2much dipressed.plz. tell me what shoud i do?
Q:3:If i din`t devoced her,can she devoced me?as she is not having any hard reason to leave me, she is just saying "i don`t have controll on my tounge"

Q.4: If i din`tdevoced her can she marry other?

What should i do at this situation plz guide me as per islaam,If there is any tasbee to solved this matter plz. send me email as soon as possible.
I want to know all in details as per isllam.

Allahafiz

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Answer:

Secret marriage

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: I m in loved with one girl from last 8 years. we got court marriage 3 years back with nikaha,but we not have any one from our blood relation as a witness.we have complited all the sunnats of the marriage by booking a hotel.
Q-1: Is it my valid Nikaha?
My dear and beloved brother in Islam, the evil of ‘zina’ is what one does in secrecy, and Islam guides that when one, who sincerely believes in Allah and the Last Day honors and marries a woman, their marriage should be adequately announced and pronounced in the society one lives in.

There are three absolutely obligatory conditions for a marriage or ‘nikaah’ to be legal and lawful in the Sight of Shariah or Islamic Law:

Proposal by one party and acceptance by the other.

The determination of ‘mehr’.

The presence of at least two witnesses to the marriage contract.

If the above three obligatory conditions of marriage were fulfilled at the time of your ‘nikaah’, it will be deemed and considered a legal and lawful marriage in the Sight of Shariah.

Your question: is i can perform 2nd nikaha with same girl?
Since all the obligatory conditions of an Islamic marriage were fulfilled at the time of your first ‘nikaah’, there is absolutely no need to perform the ‘nikaah’ again with one’s wife. If one performs the ‘nikaah’ again with one’s legally wedded wife only to hide the fact that they had secretly married earlier, they would make a mockery of the sacred institution of marriage and of Islamic Law.

Your question: Now a days from last 4/5 month we are having prob. for no reason and she wants to saperated(devoced),i m confessing her from very long but nothing is in my hand and she is out of my controll.I don`t want to give her devoced as i lover her so.... much and can`t see she becomes someones wife. So What should i i do at this situation,I don`t want want to loose her at any cost and now she doesn`t wat to accept me at any how?

Beloved brother, in such secret and emotional based marriages, more often than not, the results are normally similar! As much as the husband may love his wife, Islam has given the wife in marriage similar rights according to what is acceptable, and just as the husband has the liberty of declaring divorce on his wife if he does not wish to remain married, the wife too has a right in Islam to initiate a divorce proceedings against her husband if she wills to do so.

My dear and beloved brother, a human being is not an animal who can be tied down against their will; and as much as a husband may love his wife and does not wish to separate from her; if she has made up her mind to initiate a divorce proceedings against her husband, there is not much one can do except try to talk to her and convince her with patience and wisdom to give it another try and save their marriage.

Your question: If i din`t devoced her,can she devoced me?as she is not having any hard reason to leave me, she is just saying "i don`t have controll on my tounge"

Islam has given both the man and the woman the right to seek or initiate a divorce proceeding against their spouse if they wish to free themselves from the bond of marriage. As much as divorce is detestable to Allah Subhanah, and as much as Islam guides the believers to have patience and save their marriage, neither the husband nor the wife in Islam needs a ‘hard reason’ for initiating a divorce proceedings against their spouse. If one breaks one’s marriage for a frivolous reason or only to oppress the other, their accounting with Allah Subhanah on the Inevitable Day of Judgment will be severe indeed.

Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts, the most detestable to Allah is divorce.’

Your question: If i din`tdevoced her can she marry other?
It is absolutely forbidden for a married woman in Islam to marry someone else without seeking a legal divorce from her first husband.

Your question: What should i do at this situation plz guide me as per islaam,

Other than talk to your wife with patience and wisdom and try to convince her politely to save the marriage, there is not much one party can do if the other party in marriage has made up their mind to seek a divorce. My beloved brother, one must respect the fact that a human being is not an animal and cannot be tied down against their will; and considering the unrighteous situation and condition in which you legalized your marriage in the first place, it would only be righteousness on your part, if your wife has absolutely made up her mind to separate herself from the marriage, to accept her decision.

Your question: If there is any tasbee to solved this matter

Beloved brother, a ‘tasbeeh’ is something one does to Praise and Extol the Lord Most Exalted, for He Alone deserves to be Praised and Extolled. What one, who sincerely believes in Allah and the Last Day, can and must do in such situations where one has brought affliction upon onself, is to seek the sincere forgiveness of their Lord for their short-comings, and in all humility, fear, and hope beseech and implore their Lord Most Gracious to guide them to a path which is Pleasing to Him, and righteous and honorable for all parties concerned.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan