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:

Salaamualaikum Sir,

Jazakallah for your work. I am a married man but due to some personal reason wish to have a second wife. Alhamdulillah a converted muslimah who has been recently accepted islam is interested in me. She is an American Citizen. I am working in saudi arabia here with a reasonable salary and my family is in india. is it possible for me to marry this American woman through phone or written papers of nikah to call her to saudi arabia? she wish to live in saudi.I heard that in America muslims cannot have two wives and would they stop her to marry me and come to saudi arabia.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Marry second wife

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 3:

3 If ye fear that ye shall not be able to deal justly with the orphans marry women of your choice two or three or four; but if ye fear that ye shall not be able to deal justly (with them) then only one or (a captive) that your right hands possess. That will be more suitable to prevent you from doing injustice.

Beloved brother in Islam, if you are absolutely confident that you will be able to do justice amongst your two wives (if you were to chose to marry again), there is absolutely no harm in your exercising your right to choose to marry more than once.

Your Question: is it possible for me to marry this American woman through phone or written papers of nikah to call her to saudi arabia?

The absolutely obligatory conditions of an Islamic ‘nikaah’ are:

1. Proposal by one party and acceptance by the other
2. The availability of two witnesses to the marriage contract
3. The determination of the ‘mehr’ for the bride
4. The consent of the guardian of the bride.

Provided all the obligatory conditions of an Islamic ‘nikaah’ are fulfilled, there is absolutely no harm if the ‘nikaah’ is performed through written text or through the phone…such a marriage will be absolutely legal, binding, and lawful in the Sight of Shariah and of Allah Subhanah.

Your Question: I heard that in America muslims cannot have two wives and would they stop her to marry me and come to saudi arabia.

It is indeed true that it is a punishable offence in US Federal Law for a person to perform multiple marriages (but one may have as many affairs or keep as many mistresses as one wills!!!)! But that is a man-made law and binding only on those who choose to live in the lands which are under the jurisdiction of the USA.

But if your wife-to-be traveled to the Kingdom of Saudi Arabia, and you married her there, you would not be under the jurisdiction of US Law in Saudi Arabia. But if you wish to live in the USA or even visit the USA in the future, and someone were to take you to a US court of law alleging you to have married more than once….then indeed you would run the risk of being prosecuted under the jurisdiction of US Law.

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 and well wisher in Islam,

Burhan