Complications that are found through performing secret nikaahs

Q: My husband did secret nikah. The bride has not informed anyone in her family. She appointed groom (my husband) as her wali. Is this nikah valid?

A: On account of the abundant problems and complications that are found through performing secret nikaahs, we strongly discourage performing secret nikaahs. Some of the problems and complications of performing secret nikaahs are:

1) Suspicion being created in the minds of people regarding the man and woman whose nikaah has not been publicized.

2) Confusion and complications coming about in regard to the laws of inheritance in the case of death.

3) The husband not maintaining equality between his wives in regard to their night turns, wealth and showing attention.

4) The father of the girl looking for a suitable suitor to get his daughter married to as he still regards her to be unmarried.

5) The woman falling pregnant and delivering a child regarding whom people have suspicion that the child is born out of wedlock, etc.

In view of these abovementioned problems and complications, we strongly advise that this second nikaah of your husband be publicized.

Nevertheless, as far as the validity of your husband's second nikaah is concerned, then if the nikaah was conducted in the presence of two Muslim baaligh males, or one Muslim baaligh male and two Muslim baaligh females, and your husband is of the same social standing as the woman he married, then the nikaah is valid.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)