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:

As Salam Alikum,

There is this guy whom I know, who is married and having 4 kids, he had married a divorced women without his wife permission, and the divorced women even had not complete her Iddah period, they married the 2nd of divorced, by provided incorrect information to Qazzi (Marriage Board) saying that this was their first marriage, Later his parents came to know about this marriage and they have separated them by giving officially divorced to her, now he would like to marry her again without taking his wife`s and parents permission can he remarry the same girl since the first marriage was invalid as per Islam, (Shariah,)

Please kindly answer me soon there brothers would like to know if he can remarry her again as per Shariah

this guy is not at all worrying about his parents and brother nor even carrying about his wife and kids, he is ready to brake his relation with his parents and brother, because they all are against the marriage the women is characterless, but the guy is very desperate about marry her,

Please Please answer soon, like their family is very much tensed and

worried about his Aakhirath

Jazak Allah 

(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:

Marriage unlawful

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.

Your Question: ….now he would like to marry her again without taking his wife`s and parents permission can he remarry the same girl since the first marriage was invalid as per Islam, Shariah,)
Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 5 (part):

(Lawful unto you in marriage) are (not only) chaste women who are believers but chaste women among the People of the Book revealed before your time, when ye give them their due dowers and desire chastity, not lewdness nor secret intrigues.

There are four obligatory conditions for a marriage or ‘nikaah’ to be lawful in Shariah:

1. Proposal by one party and acceptance by the other.
2. The determination of ‘mehr’.
3. The presence of (at least) two witnesses to the marriage contract.
4. The consent of the parents/guardians of the bride.

The obtaining of the permission or consent of one’s first wife or the groom’s parent’s are not amongst the obligatory conditions of a marriage in Islam; thus if the woman the man intends to marry is eligible (single believing, Christian, or a Jewish woman), and provided the above four listed obligatory conditions are honored….the marriage between the couple will be considered legal and lawful in the Sight of Shariah.

Even if the first marriage between the two was declared null and void because the woman had not fulfilled her waiting period of ‘iddah’, or even if they were divorced earlier (provided it was not an irrevocable third divorce)….the couple are well within their rights to seek to marry each other, if indeed they wish to do so.

Your Statements: …..this guy is not at all worrying about his parents and brother nor even carrying about his wife and kids, he is ready to brake his relation with his parents and brother, because they all are against the marriage the women is characterless, but the guy is very desperate about marry her,

As much as the acts of the person in hurting his parents and family, or breaking relations with them, may not befit the character of a pious and righteous believer….the fact remains that if the person fulfills all the obligatory conditions of the ‘nikaah’ contract, the marriage itself will be considered lawful and valid in the Sight of Shariah 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