Yes I also read that in Hanafi, it's makrooh , and in shafaee, it haram. Definition of secret for those two sects is the one where first wife is not aware of it happening. That does not mean permission from the first wife, it only means that she should know.
agree and also because of the Islamic laws of inheritance. ALL children have the right to get inheritance according to Islamic laws. i've seen the secret children come out claiming the inheritance and courts deny them their rights because the marriage was NOT known.
We got married Spur of the moment by a well known Imam, years later we find out that he was not licensed and our marriage is not registered, I am not sure if we should bother, what are the property implications if I die, I have several rental properties, I have named her the beneficiary on everything.
your properties will be disposed of according to the laws of the land. you need a will to change this distribution as per Islamic laws.
btw, Islamically, anyone can carry out the nikaah process. he doesn't have to be an officially appointed imaam. as far as laws of the land is concerned, yes the marriage has to be registered.
agree and also because of the Islamic laws of inheritance. ALL children have the right to get inheritance according to Islamic laws. i’ve seen the secret children come out claiming the inheritance and courts deny them their rights because the marriage was NOT known.
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Right. Also, by keeping the second marriage secret, one is violating the very first condition of Islam, that is to treat both wives equally.
In the case of secret marriage, first wife is not aware of the second wife, so husband has taken her right of having a trustworthy relationship away, and the right to refuse to have a sokan, which means that she can’t stop him but she can ask for khula. That is na-insaafi with her.
Second wife does not have any legal or social rights. She can’t claim to be his wife, or stand by his side in a public event as his spouse. That is na-insaafi with her.
your properties will be disposed of according to the laws of the land. you need a will to change this distribution as per Islamic laws.
btw, Islamically, anyone can carry out the nikaah process. he doesn’t have to be an officially appointed imaam. as far as laws of the land is concerned, yes the marriage has to be registered.
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He has named her the beneficiary on his properties. He does not need a will fit that purpose.
Right. Also, by keeping the second marriage secret, one is violating the very first condition of Islam, that is to treat both wives equally.
In the case of secret marriage, first wife is not aware of the second wife, so husband has taken her right of having a trustworthy relationship away, and the right to refuse to have a sokan, which means that she can't stop him but she can ask for khula. That is na-insaafi with her.
Second wife does not have any legal or social rights. She can't claim to be his wife, or stand by his side in a public event as his spouse. That is na-insaafi with her.
EXACTLY! well said, TLK! :) i couldn't agree more. :)
He has named her the beneficiary on his properties. He does not need a will fit that purpose.
i was talking about the inheritance after [God forbid] his/her passing away. children/wife have their share in the inheritance. if one cares for Islamic distribution of his/her wealth after death.
So in the city we live in North America, a rich desi Muslim businessman has four wives, all living in this city, and all know about each other. Of course only one is legal, but because there are no laws against fornication in these countries, govt can't come after the guy. Point is, legal aspect can't be used as an excuse fir keeping a marriag secret.
whaaat!? I haven't heard of that happening in our community. We've had plenty of affairs, unfortunately, but no word of polygamy. It happens a lot back home in Pakistan amongst people we know, from what I heard from relatives.
whaaat!? I haven’t heard of that happening in our community. We’ve had plenty of affairs, unfortunately, but no word of polygamy. It happens a lot back home in Pakistan amongst people we know, from what I heard from relatives.
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Yes was kind of new to me.then I know this guy personally who has married a Mexican here abd had a wife back home. Both wives know about each other, in fact he went back last year eighth his Mexican wife and living there with both of them. He has kids with both.
If the second wife knowingly enters the marriage forgoing some of her rights then I think it's permissible (not being treated equally). Since there's a Hadith about not divorcing a woman if she agrees to forgo some of her rights and u r ok with that setting. E.g the wife says don't divorce me u can visit me a few times a month and I'm fine with that, or u don't have to give me money for whatever etc.
Is this really becoming that common? In our community, I've only heard of one instance like this (and the gentleman was not middle aged, quite the opposite) and the circumstances were rather twisted, so it was definitely not the norm.
Is it me or is it becoming too common in North America? I am referring to Middle-aged Married Muslim Men, doing a secret Nikah within North America. Secret not just from the whole society but also from the first wife of course.
Forget about legal or ethical, I am not even sure if it can be done Islamically.
If it's hidden from society, then the only people who'd end up knowing anyway would be the witnesses and imams who conduct the marriages. However imams here won't even conduct the nikah without the proper paper work.
hopefully it's not becoming common. as much as we blame the men, its also the womans fault for agreeing to become someones second wife when she knows that the first wife is being lied to. aurat hi aurat ki dushman hai :(
We got married Spur of the moment by a well known Imam, years later we find out that he was not licensed and our marriage is not registered, I am not sure if we should bother, what are the property implications if I die, I have several rental properties, I have named her the beneficiary on everything.
If your living in the US get legally married. Even though you have her as a beneficiary, you are going to cause her multiple problems.
Tax purposes, If your filing as "married filing Jointly, currently its fraud as you know your not actually married.
Transfers of property between spouses is not taxable, if you passaway, since your not married, all the property that will be giving to her will be subject to taxes after the gift tax.
Godforbid, you in a coma, or whatever health condition, she wont have rights to your health choices (like being on lifesupport)
If your living in the US get legally married. Even though you have her as a beneficiary, you are going to cause her multiple problems.
Tax purposes, If your filing as "married filing Jointly, currently its fraud as you know your not actually married.
Transfers of property between spouses is not taxable, if you passaway, since your not married, all the property that will be giving to her will be subject to taxes after the gift tax.
Godforbid, you in a coma, or whatever health condition, she wont have rights to your health choices (like being on lifesupport)
haven't heard of it in our community/extended relatives yet but then again I don't go out much. Divorces and husbands living with girls parents are more common though.
Islamically, if you have two witnesses to your nikkah then it is valid.
Secret nikkah is defined as man and woman doing "Ejaab & Qabool" without anyone's presence or without anyone witnessing so that would not be a valid nikkah.
whether keeping a valid nikah secret from everyone, that is not at all encouraged by Islam.
Right. Also, by keeping the second marriage secret, one is violating the very first condition of Islam, that is to treat both wives equally.
In the case of secret marriage, first wife is not aware of the second wife, so husband has taken her right of having a trustworthy relationship away, and the right to refuse to have a sokan, which means that she can't stop him but she can ask for khula. That is na-insaafi with her.
Second wife does not have any legal or social rights. She can't claim to be his wife, or stand by his side in a public event as his spouse. That is na-insaafi with her.
Totally agree. so we all know that this is happening but why is this happening is the key question. what are the underlying facts behind keeping a second marriage secret?