Darul Uloom Trinidad & Tobago

QUESTION:

Is it permissible for a man married for 18years with two young children to take a second wife just to secure a business deal. The man is saying there is no personal attachment to the second wife because he does not financially support her, he does not live with her and there was never any sexual relations with her. He only meets her for business meetings and they go there separate ways. Also she is free to have a personal life and he does not care. They both agreed to this and as soon as there business deal comes through they will dissolve the marriage.  She is getting 25% financial rewards in all this.  As his first wife how am I suppose to accept this especially since I was unaware of it until her father informed me who is also extremely upset. She is older than me divorced and has a ten year old child.  My husband has said I have nothing to worry about. He indicated to me he asked her to spiritually marry him for loyalty to the deal which she also said to me.   Can you please guide me.

ANSWER:

As Salaam Alaikum,

What you have described is a marriage of convenience which the Shariah does not accept. The man is using the facility of marriage for his own personal gains and is not concerned and prepared to fulfilled his obligations as a husband in the marriage.

The manner in which the both parties are conducting themselves shows that they do not believe they are married to each other. It is simply a ‘cover up’ for their meeting and mingling with each other.

In Islam, marriage brings with it, responsibilities, duties and commitment from each party. However, in the situation which you have described we find that:

• The man has no personal attachment to the second wife.
• He does not financially support her.
• He does not live with her or spend any time with her.
• He never had sexual relations with her.
• He meets her only for business meetings.
• The second wife has her own personal life which is of no concern to the man.
• He asked her to spiritually marry him.
• They will dissolve the marriage as soon as business deal comes through.

All the above shows that there is really no marriage between the both parties. They have conveniently used the sacred institution of marriage in Islam, especially the allowance for a polygamous marriage, to justify their actions. Their agreement to conduct themselves in this manner is null and void, since the above conditions which they have made, are all invalid conditions. According to the Shariah, a marriage which is contracted with invalid conditions will be invalid. Therefore, their marriage with each other on these conditions in not valid and legal in Islam, and they do not have a marriage with each other. The man is required to immediately stop this Haram relationship and repent to Allah for what has happened so far. If he wants to keep the marriage, then he must live with this woman as his second wife and fulfill all the responsibilities as a husband, with respect to financial support and maintenance, living with her and spending time with her, just as he does with the first wife, and keeping her in a comfortable residence just as he had done for the first wife. If he cannot fulfill these conditions, then it is Haram (unlawful) for him to take a second wife.

As for being spiritually married to another one, there is nothing like this in Islam. This is merely a fabricated concept which the man entertains in his mind.

And Allah Knows best

Mufti Waseem Khan

11/12/2017