Court marriage and then nikkah with another guy
Assalam-o-Allikum...i want to ask you a question about nikkah..can a paper and court marriage is considerd a nikkah when girl did it for her boyfriend without telling any of her family member...then this girl do nikkah with another guy with her family's choice..now my question is ..will this 2nd nikkah of girl is considered valid or not?
Anxiously waiting for your kind reply..
Arslan
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لسلام عليكم ورحمة لله وبركاته
Nikah is not only an agreement between two people. It has social and familial results. The traditions and the rules of the society play a role on the marriage. Therefore, no nikah can be performed secretly.
Islamic and civil marriages are not two distinct concepts. Civil marriage is performed under the supervision of civil authorities. Islamic marriage similarly requires supervision, and the primary supervisor is sought to be the bride’s father. If the father and other male relatives renounce the duty of supervision or object to the marriage without Islamic basis, the supervisor becomes the civil or other lawful authority.
Islamic marriage has the additional condition of “mehr” which must be supervised while being determined and written down.
A nikah is valid from Islamic point of view under the following conditions:
1- Supervision and testimony
2- Consensual agreement to marry
3- Announcement
4- Mehr
The Messenger of Allah says:
“There is no marriage without a supervisor (Wali) and two reliable witnesses. A marriage performed without these is void. If they couldn’t agree, the authorized officials are the supervisor.” (Abu Dawood, Nikah/Marriage, 20; Tirmidhi, Nikah/Marriage, 14; Ibn Majah, Nikah/Marriage, 15; Ahmad Ibn Hanbal, Musnad, 6/66)
A supervisor should be the woman’s father, grandfather, son, brother, uncle, etc. respectively. If they are not found or refuse to perform their duty, the authorized official becomes the supervisor.
Today, there is nowhere in the world that permits marriages without supervision. Officials of the municipalities, churches, synagogues are examples of authorized supervisors for marriage. Prophet Muhammad (pobuh) did not require walee for men and sufficed the approval of walee for women, which eases marriage and lets happy families be established.
Salam,
If she was forced into the second marriage without her consent or was blackmailed to do it then I wouldn't consider her second marriage valid. As for her first marriage, without a wali and without the guy seeking permission from her family, and it being a secret, that marriage also violates conditions of what a marriage is.
is it acceptable in sharit to do nikkah after court marriage.