Darul Iftaa Mahmudiyyah

Is a Nikka valid if the husband does not regard the person he has married as a wife ?

· 23 Rabiʻ I 1423 AH1 min readFatwa 5742English

Question

If the man has made nikka for the second time and taken a second wife but says that he does not think that he will be able to regard her as a wife does this make the nikka valid ? Can the women stay married knowing she will never be recognised as a wife ? Can she ask for a Talak ?

Answer

Once a person is married, he has to regard the woman he married as his wife. He has to fulfil her marital rights. If he does not do so, he will be sinful.

It is irresponsible of a person to marry a woman and think he will not be able to regard her as a wife. Why then did he marry her? However, such a statement does not constitute divorce.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/5742
Fatawa SA: https://fatawa.co.za/fatwa/askimam-5742

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