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3 grooms who contracted second marriage without permission end up in prison

As you asked politely, I'll serve you the reference( the verse and its explanation), but please don't expect of me to engage in a debate with you over this, as is usually the case on this forum. You are free to believe whatever you like and I am not someone who likes to convince people on religious affairs.

Surah 4 An-Nisa, Ayat 3-3
وَاِنۡ خِفۡتُمۡ اَلَّا تُقۡسِطُوۡا فِى الۡيَتٰمٰى فَانْكِحُوۡا مَا طَابَ لَـكُمۡ مِّنَ النِّسَآءِ مَثۡنٰى وَثُلٰثَ وَرُبٰعَ ۚ فَاِنۡ خِفۡتُمۡ اَلَّا تَعۡدِلُوۡا فَوَاحِدَةً اَوۡ مَا مَلَـكَتۡ اَيۡمَانُكُمۡ ؕ ذٰ لِكَ اَدۡنٰٓى اَلَّا تَعُوۡلُوۡا ؕ‏ ﴿4:3﴾

(4:3) If you fear that you might not treat the orphans justly, then marry the women that seem good to you: two, or three, or four. If you fear that you will not be able to treat them justly, then marry (only) one*, or marry from among those whom your right hands possess. This will make it more likely that you will avoid injustice.

*This verse stipulates that marrying more wives than one is permissible on the condition that one treats his wives equitably. A person who avails himself of this permission granted by God to have a plurality of wives, and disregards the condition laid down by God to treat them equitably has not acted in good faith with God. In case there are complaints from wives that they are not being treated equitably, the Islamic state has the right to intervene and redress such grievances.
http://islamicstudies.info/reference.php?sura=4&verse=3

Brother thank you for replying, you should've ignored my post if you didn't want debate. But anyway, your post answers a lot.

The husband always have the option to opt for divorce before signing up for the second wife

@Mentee sahab jail janay k liye tayar ho jao woh bhi poray aik saal k liye. :D
 
Real problem I think is how wives treat each other
Sotan is used in the meaning of dushman


Well, Society, as we know it, has changed, inflation has risen so much that you can't afford more than one marriage. It is very difficult for a person to be fair financially to support all 3-4 wives

At it's core , when a person can marry multiple women, it allows people to consolidate multiple tribe interest into one


In a perfect Islamic society, the 3-4 marriage is completely normal , the divorce mechanism is always present to allow women to leave a person

I am surprised why the courts got involved in this issue because, the ladies have a choice to leave by a divorce
 
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despite the criminal charge and the criminal case & punishment, the 2nd marriage cannot be nullified or invalidated. So what happens after the prison sentence is over? He is going to divorce his 1st wife for putting him in jail? any thoughts?
Agreed.
 
Second option is that people would divorse first wife for second marriage.
Who the hell is court to sentence poeple for something allowed by Allah.
 
I absolutely support this law. We have no tradition of more than one marriage in our area, the only exception used to be when a man didn't have a child from his first wife then he would look to marry twice so that he can have a child from the second wife, otherwise second marriage just for "sexual ayashi reasons" has always been considered a taboo in our area.
 
I think next law would be to have the men buried alive when their wives die.
 
When you use the word "permit" I believe you don't mean to say "it is Haraam" which is not correct.

See, in Islam, one is only required to have two witnesses from both sides and a wali from bride side. Then he can give a valima "in another city". Does Islam requires the husband to also obtain permission from the first wife? If you can provide any support from Quran and Hadith, I will be thankful.


Yeah, I feel for both Husbands and wives in these cases.. but this is what it is.. Advisers on both sides are the real problem. In our country, things are not settled between Husbands and wives.. They are announced to every Tom, Dick and Harry who give useless advice and destroy the marriages.
Brother you should go ask an informed Aalim of Fiqh about what I just said. Yes it is Haram to marry in secret without announcing it to your friends, family, and the community. This was the tradition of the Sahaba of the Prophet of Allah, therefore it is part of Islam and it was enforced/promoted by the Khalifa-e-Rashideen because the Messenger of Allah told them to.

If you do not announce your marriage to your community, friends and family, and keep it a secret, therefore that marriage is null and void and you are committing Zina.

"marriage must be witnessed or announced openly, but you want it to be a secret marriage that no one knows about. A secret marriage that is not witnessed or announced openly is also an invalid marriage. Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:

As for getting married in secret, in which the parties agree to conceal it and not bring anyone to be witness to it, this is invalid according to most scholars, and it comes under the heading of illegal sexual intercourse. Allah, may He be exalted, says (interpretation of the meaning):

“All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse”

[an-Nisa’ 4:24].

End quote from Majmoo‘ al-Fataawa (33/158)"



https://islamqa.info/en/answers/222086/should-he-marry-his-cousin-in-secret
 
Brother you should go ask an informed Aalim of Fiqh about what I just said. Yes it is Haram to marry in secret without announcing it to your friends, family, and the community. This was the tradition of the Sahaba of the Prophet of Allah, therefore it is part of Islam and it was enforced/promoted by the Khalifa-e-Rashideen because the Messenger of Allah told them to.

If you do not announce your marriage to your community, friends and family, and keep it a secret, therefore that marriage is null and void and you are committing Zina.

"marriage must be witnessed or announced openly, but you want it to be a secret marriage that no one knows about. A secret marriage that is not witnessed or announced openly is also an invalid marriage. Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:

As for getting married in secret, in which the parties agree to conceal it and not bring anyone to be witness to it, this is invalid according to most scholars, and it comes under the heading of illegal sexual intercourse. Allah, may He be exalted, says (interpretation of the meaning):

“All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse”

[an-Nisa’ 4:24].

End quote from Majmoo‘ al-Fataawa (33/158)"



https://islamqa.info/en/answers/222086/should-he-marry-his-cousin-in-secret

Saladin tell me.

How can Nikkah be secret when there are witnesses to the contract?

Illogical Imrani Kahva much !!
 
Thanks for the reply
Brother, ALLAH says in Sura Al-Nissa that man may marry to One, Two, Three and Four women.
Now if you feel the women’s right as wife is being compromised then we need to introduce more law that protects wife’s social well being
First of all this law contradicts the basic ruling that’s why it’s not exercised in Arab countries, because even ALLAH, PROPHETS and the Sahaba didn’t give this right to women and we think we Pakistani Muslim can protect women better after 1441 years ?
Wen a wife will sue her husband and he goes to jail for two years what do u think after getting released from jail will that husband keep the first wife? he will immediately divorce the first one?
Who will take care of wife and children for their livelihood during the jail period? So in fact this will fire back
Arab and other Muslims from other countries wen they listen about permission from first wife they laugh at Pakistan because this ruling is applied no where in the other countries?
We can not change or alter any Islamic law based on region. Ijtehad is done for over all Muslims not for a particular country.
Normally the state listen and put her weight more to the women than the man in family cases, wen first one keep fighting and insulting the husband for little little things then the husband will go for second that’s one of many reasons man go for second marriage despite knowing consequences

In my opinion this law should be revoked
Firstly I want to thank you for your well written comment. I would like to say that I in no way defend this law as being from Islam and Sunnah. But, I do feel that it is a necessary way of preventing the woman from being handicapped in a situation where her husband is getting married in secret. If you were refer to my last comment made to another individual, you will see that I've listed with source that the Islamic ruling is clear that it is Haram to get married in secret without announcing to the community and friends and family.

Secondly, your argument is that a woman should not take her husband to court because of this ordeal because then the husband would have more motive to divorce her, but doesn't that imply that even if a woman is not being given her dowry after being promised, and she goes to court, and court rules in her favor, then the husband will be humiliated and divorce her.

Or if a woman takes her husband to court, because he's not sexually satisfying her because he's too fat, lazy, busy, etc. And the court rules in her favor and tells the husband to get in better physical shape, or find the time to have sexual activities with her. The man will feel humiliated and divorce her.
Btw this was actually done during the time of the Prophet PBUH. A woman came to him and said she wanted to divorce her husband because he couldn't satisfy her sexual needs. And He PBUH ruled in her favor.

So your argument of that she shouldn't go to the court for any reason because then he'll just be more motivated to divorce her is invalid.

Another thing I'd like to point out is that you should not use Arab countries as a standard for Islamic lifestyle. I Don't think you've been to many Arab countries or have seen there culture and societies. The only Arab countries that are more or equally conservative as Pakistan are Yemen, Saudi Arabia, Oman, Mauritania, and Iraq.

I've been to Morocco, Lebanon, Egypt, Algeria, UAE, Jordan, Tunisia, Qatar, Saudi Arabia, Oman, Libya, Kuwait, and pre civil war Syria. And most of these countries are extremely liberal. Arab doesn't mean Muslim. And Arabs are not the benchmark on how to be the best Muslim. Morocco is known in the Arab world for it's women and Arab men go there to have fun with Moroccan women.

So let's stop putting Arabs on a pedestal and see them as a benchmark of Islamic standards.
 
Saladin tell me.

How can Nikkah be secret when there are witnesses to the contract?

Illogical Imrani Kahva much !!
Brother read the link I have posted. If you bothered actually reading before replying, you would not have looked like an uninformed fool. Have witnesses is not enough as per the consensus of the Ulema. The marriage has to be announced outside the mosque to the community to friends, family, relatives and the communal neighborhood you live in. If you do not do that, it becomes null and void. Kindly, please read the fatwaa before think about replying to someone.
 
Firstly I want to thank you for your well written comment. I would like to say that I in no way defend this law as being from Islam and Sunnah. But, I do feel that it is a necessary way of preventing the woman from being handicapped in a situation where her husband is getting married in secret. If you were refer to my last comment made to another individual, you will see that I've listed with source that the Islamic ruling is clear that it is Haram to get married in secret without announcing to the community and friends and family.

Secondly, your argument is that a woman should not take her husband to court because of this ordeal because then the husband would have more motive to divorce her, but doesn't that imply that even if a woman is not being given her dowry after being promised, and she goes to court, and court rules in her favor, then the husband will be humiliated and divorce her.

Or if a woman takes her husband to court, because he's not sexually satisfying her because he's too fat, lazy, busy, etc. And the court rules in her favor and tells the husband to get in better physical shape, or find the time to have sexual activities with her. The man will feel humiliated and divorce her.
Btw this was actually done during the time of the Prophet PBUH. A woman came to him and said she wanted to divorce her husband because he couldn't satisfy her sexual needs. And He PBUH ruled in her favor.

So your argument of that she shouldn't go to the court for any reason because then he'll just be more motivated to divorce her is invalid.

Another thing I'd like to point out is that you should not use Arab countries as a standard for Islamic lifestyle. I Don't think you've been to many Arab countries or have seen there culture and societies. The only Arab countries that are more or equally conservative as Pakistan are Yemen, Saudi Arabia, Oman, Mauritania, and Iraq.

I've been to Morocco, Lebanon, Egypt, Algeria, UAE, Jordan, Tunisia, Qatar, Saudi Arabia, Oman, Libya, Kuwait, and pre civil war Syria. And most of these countries are extremely liberal. Arab doesn't mean Muslim. And Arabs are not the benchmark on how to be the best Muslim. Morocco is known in the Arab world for it's women and Arab men go there to have fun with Moroccan women.

So let's stop putting Arabs on a pedestal and see them as a benchmark of Islamic standards.
JAZAKALLAH khair brother for your detailed reply
I have been living in Saudi Arabia for quite sometimes and my overall life that I spent in UAE and Saudi is over 20 years so I know closely their Arab cultural and social life.
Yes! women r more open in these countries to go to court and demand for divorce when they have even minor family disputes and this is the reason that here the divorce ratio is almost 50%. I m sure with the social and family binding Pakistan is still much much better in terms of divorce ratio. I hope you wouldn’t like Pakistan to follow them, if we open up such doors the destruction of family unit is imminent.
Any woman can go to court for sexual satisfaction reasons or dowry or ill treatment but keeping in mind our social system how many actually go?I m sure very little. So giving reasons to make a way is wrong.
Now as u mentioned that arabs r not a benchmark I said it in the context of an acceptable approach to deal with the problem of men marrying secretly, if u don’t like arabs example I m sure u will hardly find any other examples even In india Bangladesh Malysia or Indonesia turkey or Iraq where government approves mandatory permission from first wife. So in short no other country or Ulema did ijtehad that’s commonly accepted in the Muslims world as a whole.
In Indonesia its must to perform umrah/hajj before getting married which is not again the ruling of Islam but it’s created for their society same we r doing with this law in Pakistan which is wrong.

There is a reason why every wedded couple have to arrange Waleema/feast after nikah to publicly announce their relationship as husband and wife.

In prophets times people go for trade or business in other countries and they marry there as per their wish or need like in Syria or Egypt etc but they never had to take permission from first wife so this law is unIslamic.

Husband should clearly inform the first wife about second marriage before or after the nikah for a better relationship with the first wife and state should encourage men to go for second or third or fourth wife so that the widows, divorced women get into a family unit instead of becoming a source of evil in the society or being a burden on brothers and father.

In Pakistani culture this law will definitely back fire and complicate the families.
 
A man can be married to four women at the same time as he wishes as long as he can treat them equally and financially.

Although as a woman I can sympathize , it is tough to recover from the thought that your husband wants to be with another woman, but it is in Islam for a reason.

All that woman could have asked him was his equal attention and equal right in his life and finance. If he was willing to give it, then she shouldn’t have gone to the court.

The reason Arabs can maintain four wives is because they are f**king rich. All women know that they and their children wont be treated with injustice and be left behind. Have seen it all my years in KSA.

its an sensitive topic tbh. A lot of times first wives are treated poorly and forgotten and don’t get their rights they deserve. I guess this is why the “permission” rule in Pakistan. In basic salary of 20-25K and in today’s economy how can one man be responsible for first wife and children along with the second?


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.

— Qur'an, Sura 4 (An-Nisa), Ayah 3[1]
It is believed these Verses were revealed after the Battle of Uhud, in which many Muslim men were killed, leaving widows and orphans. Thus, many[who?] argue that these Verses have been revealed "because of Allah's concern for the welfare of women and orphans who were left without husbands and fathers who died fighting for the Prophet and for Islam. It is a verse about compassion towards women and their children; it is not about men or their sexuality."
 
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Brother you should go ask an informed Aalim of Fiqh about what I just said. Yes it is Haram to marry in secret without announcing it to your friends, family, and the community.
Brother, I have asked, and he says it's not HARAAM. Don't make Halal thing Haraam by yourself.

A valid marriage requires two witnesses and a wali from bride side.

You don't have to announce it on a local mosque's loud speaker, or a FM radio station.

If you do not announce your marriage to your community, friends and family, and keep it a secret, therefore that marriage is null and void and you are committing Zina.

No basis for this fatwa.

2 witnesses and a wali from bride's side is the only requirement. Even a Nikah Khuwan is not required and marriage isn't needed to be registered.

"marriage must be witnessed or announced openly, but you want it to be a secret marriage that no one knows about. A secret marriage that is not witnessed or announced openly is also an invalid marriage. Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:

As for getting married in secret, in which the parties agree to conceal it and not bring anyone to be witness to it, this is invalid according to most scholars, and it comes under the heading of illegal sexual intercourse. Allah, may He be exalted, says (interpretation of the meaning):

This is now getting interesting.. read the above quoted text again.

Concealed relationship is the one in which a couple is the only witness of the marriage. But when they bring witnesses to it (two sane Muslim witnesses), the marriage is valid.

I have a question.. If someone has a wife in Lahore and he contracts another marriage in Islamabad.. and he announces the second marriage to the whole city.. will it be valid or he must announce it in Lahore as well?
 
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Have witnesses is not enough as per the consensus of the Ulema.
:disagree:

The guardian is a condition of marriage being valid according to the majority of scholars, because the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage without a guardian.” Narrated by Abu Dawood (2085), at-Tirmidhi (1101) and Ibn Maajah (1881), from the hadith of Abu Moosa al-Ash‘ari; classed as saheeh by al-Albaani in Saheeh at-Tirmidhi.

As for the Hanafis, they regard it is permissible to get married without a guardian, but they stipulate that two witnesses must be present, who can hear the marriage contract from both parties. If two witnesses are not present, then the marriage is not valid according to them.

It says in al-Hidaayah (1/190): The marriage of two Muslims cannot be done except in the presence of two adult, sane, free Muslim witnesses, two men or a man and two women, regardless of whether or not they are of good character or have been subjected to a hadd punishment for slander.

It should be noted that the presence of witnesses is a condition of the marriage being valid, because the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage without witnesses.” This hadith is an argument against Maalik’s view in which he (may Allah have mercy on him) stipulated the condition of announcing the marriage with no need for witnesses. End quote. (So only Imam Malik stipulated the condition of announcing the marriage without even witnesses)

It says in Badaa’i‘ as-Sanaa’i‘ (2/252): Most of the scholars said that having witnesses is a condition of the marriage being valid. Maalik said that there is no condition stipulating the presence of witnesses; rather the condition stipulates that the marriage must be announced, so that if someone does the marriage contract and stipulates the condition of announcing it, it is valid even if no witnesses were present, but if witnesses are present and he stipulates that they must conceal the marriage, then it is not valid…

(So your view is Imam Malik's view, and you can't say that there's a consensus among ulema)

One of the conditions stipulated is the number of witnesses. A marriage contract cannot be done with one witness, because the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage without witnesses,” and: “There is no marriage without two witnesses.”

============================
Summary:
  • According to Hanafi Fiqh (Two sane Muslim men or one man and two women witnesses are required)
  • According to Hanbli Fiqh (Two sane Muslim men or one man and two women witnesses, and a guardian required)
  • According to Shafi'i Fiqh (Two sane good character Muslim men or one man and two women witnesses, and a guardian required)
  • According to Maliki Fiqh (No witnesses requirement, however, announcement is required)
 
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