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shyhas (operator)     23 May 2012

Second marriage in muslim community with out divorce

Dear Lawyers

My name is shyhas aged 40, I am from muslim community. I got married 12 years back and I got 2 kids in that relation. Because of some issues, my wife is styaing away from me since last 2 1/2 years, and she is staying with her parents. We got seperated.

At present I am living alone and I need a partner. Therefore I decided for a second marriage. I would like to know that, Do I can marry another woman with out giving divorce to the present wife?

How it is possible legaly? Do I can go for a register marriage?

Please reply me at your earliest.

I do not want to give talak to the present relation, because of considering my kids.

Thanks & Regards

Shyhas TA



Learning

 4 Replies


(Guest)

If you are not in a government job you can do 2nd marriage without divorce.

shyhas (operator)     24 May 2012

Dear sir

Can you please tell me the procedure, and from which government body I can apply for the same?

Thanks & regards

Shyhas

SAINATH DEVALLA (LEGAL CONSULTANT)     24 May 2012

Mr.Shyhas,go through this article:

Wife's Permission for Second Marriage

 

Question

If a couple is married and has three children, the husband and wife like each other and the husband now wants to marry another woman, is it compulsory for the husband to get permission from her wife for second marriage or can he do this without the consent of first wife and marry the second woman in a hidden way. He does not want to divorce the first wife and wants to keep both in his home. Please tell me about the permission of first wife in accordance with Quran and the Sunnah.

Response

Firstly, I must let you know that the entire concept of a Nikah1 is that it is not 'hidden'. A Nikah must be announced in the society the person is living in. Therefore, I believe it would be wrong to take a second wife in marriage without the first wife and/or the children knowing about it. This is in addition to the social circle of both the persons getting married.

Secondly, with respect to the permission of the first wife, there are two different but related issues. First is whether the Shari'ah has imposed any additional requirements specific to a second marriage. Both Quran and the Sunnah are devoid of any additional requirements and, therefore, as far as the Shariah is concerned the second marriage can be undertaken without an explicit permission from the first wife. The second issue would be that of the law of the land where the person is residing. It is possible that the law of that particular region does not allow second marriage or requires the permission of the first wife for second marriage. Such a law would, then, have to be followed even though it may have no jurisdiction in the Shari'ah.

Thirdly, I must add that if second marriage will imbalance the first marriage and the family structure that is already established, then one must not believe that they have a free right of undertaking the second marriage. Islam has not given the permission to take multiple marriages so that the family structure is destroyed. In fact, it has done the same in order to protect the families! Therefore, if a second marriage is undertaken that adversely affects one's first marriage and the children, then Islam does not condone it. This is also evident from the way Quran has allowed permission for marriage for instance. In the context of widows, where widows are the weak party, Quran has allowed a second marriage in order to protect them - the weak. However, with respect to the rights of the wives, Quran has recommended that one may marry only one if they will be unable to fulfill the rights of all of them, once again protecting one's existing wife, which is the weak party in this case.

 

salim bahsha (Engineer)     29 May 2012

in india, acc to muslim law there is no need of consent from first wife to nikkah another women as second wife, i dont have any idea abt marriage registration, that u have to enquire from ur local register or sub register office


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