My question is as follows: A 44 old Muslim divorced lady wants to marry a Muslim married man. They want to conduct Nikkah. They want to keep this Nikkah concealed. How is the easiest way as per Shariah, can this Nikkah can take place and do they have to have witnesses?
Maher is already set and agreed.
Wa Alaikum Assalaam,
If the Muslim divorced lady wants to marry a Muslim married man, and the man agrees to take her as a second wife, then this is allowed on the condition that he is able to fulfill all the conditions outlined in the sacred Shariah for having more than one wife.
The man however, must exercise prudence in this matter and consider whether this act of his may bring difficulties and disharmony in his first marriage. Besides the Mahr, it is compulsory to have two Muslim male witnesses or one male and two female witnesses who must be present to witness the Ijab and Qubool (offer and acceptance).
With respect to keeping the Nikah concealed, this is not one which is encouraged in the sacred Shariah. In fact, the Messenger of Allah (S.A.S) himself said, ‘Announce the marriage.’ (Musnad Imam Ahmad) This gives a clear message that a Muslim must not conceal his marriage or keep it a secret, instead, he should announce it to others and let it be known that he is married.
The easiest way for the Nikah to be done is that there must be two Muslim Male witnesses or one male and two female witnesses. The offer must come from one party of the marriage and the acceptance must come from the other. The Mahr should be fixed and specified by the man.
Once these are present, then the Nikah will be valid in accordance to the Shariah.
And Allah Knows Best.
Mufti Waseem Khan.