Secret nikaah

Q: I am married and a widow who  has children of his own wants to make Nikah with me, but we both want to keep it secret (although in Islam nikah should be notified to family and friends) but in our current circumstances it is very hard. She says that she does not require anything from but to fulfill her sexual desires. We both agree on this that it will remain a secret and will not affect both families at any level. 

As her children are elders and she said that her children will not accept my decision and hate will grow if she declares nikah. So as husband I will fulfill her nan-nafqa although she is repeatedly denying as she is earning so she said she won't require anything. 

The main purpose for this nikah is to avoid sin. So what should we do as a declaration will lead to unpleasant results from both families. 

Please guide in all possible scenerios.

A: Performing a secret nikaah is against the Islamic teachings. The Hadith commands that the nikaah be publicized and done openly so that it becomes a means for people to know that the girl and boy are married and their remaining together is permissible. Hence, the fuqaha have written that it is preferable that the nikaah be performed on the day of Jumuah in the musjid before the congregation. 

Apart from a secret nikaah going against the purpose and object of nikaah, it also is the cause of doubts and suspicions being created in the minds of people regarding the boy and girl. The Hadith has prohibited Muslims from conducting in a way that they cause people to entertain suspicions and doubts regarding themselves. Therefore, one should refrain from this. 

Furthermore, there are other complications that come about through performing secret nikaahs, viz: 

1) The laws of inheritance being affected in the case of death. Since people do not have knowledge of the second nikaah, the second wife will be deprived of her share of the inheritance if the husband passes away. 

2) The husband not being able to maintain equality between the wives in regard to their night turns, wealth and other aspects. 

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

On account of secret nikaahs being against the teaching of shariah as well the complications and abundant problems that come about, we totally discourage this and we strongly advise that the nikaah be publicized and made known to the family and people.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)