Fathwa, - Taking a second wife who will provi..

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Assalaamu Alaikum wa Rahmatu Allaah wa barakaatuh dear scholar is it halal to marry a second wife if one can't alone maintain two houses but with the wives support it would be possible...if not what should one do if one is happily married but truly loves another girl as much as one loves his current wife and has loved this other from before he even got married but because someone else proposed to this other girl before him he thought she would get married which was not the case but he knew about this after his current marriage and he now loves both equally but doesn't know what to do and doesn't regret marrying his current wife but still hopes to marry this other as well ones income as about 2100 after taxes and current wifes income on maternity leave since she is in her 8th month pregnancy about 700 and the other woman's income is about 2000 after taxes one household needs about 1800 per month to live a good life...advice me with youe knowladge please I am lost and don't know what to do and what is right and what is wrong and what is whispers from shaytan and what is not I have been making istikhaara about this for 3 weeks but still nothing is clear for me so I ask your help and guidance Jazaakum Allah Khair
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His Slave and Messenger.
It is permissible for the man to marry a second wife even if he is unable to support both women without their help as long as they accept that, because financial support is a right for the wife and she can forfeit all or some of it. However, it is better for the one who is unable to provide support not to marry a second wife as we have pointed out previously in Fataawa91737and 138664.
Accordingly, it is better to leave that woman alone and to try hard to sever all attachments to her. If you are not able to do so and your heart remains attached to her, then there is nothing wrong with marrying her if she accepts to forfeit all or some of her right to financial support.
As for the Prayer of Istikhaarah )i.e. seeking Allaah's Guidance(, you should know that scholars hold different opinions regarding what one should expect after performing Istikhaarah: whether it's a feeling of assurance in the heart and finding the matter easy to undertake, or whether one should proceed to undertake the matter and not leave it unless Allaah, The Almighty, removes him from it? What we view is that one should proceed to undertake the matter after doing Istikhaarah and not leave the matter regarding which he performed Istikhaarah unless Allaah, The Almighty, turns him away from it.
Allaah Knows best.

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Fathwa, - His wife has a mental disorder that..

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I have married on 2nd june 2013,after that i observ she is sufferon from mental problem for last 10 years but her parents suppress the fact before begin matrimonial negotition.her behaviour is not tolerable. As she is suffering from mental disorder. I feel i cannot continue my life with her.doctor also not give any assurance regarding her cure.p
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His Slave and Messenger.
First of all, we ask Allaah, The Almighty, to heal your wife and take away her illness, for He is the Healer, besides Whom there is no healer. We advise you to always ask Allaah to heal your wife from any affliction, for He responds to the supplication of the desperate person and removes harm. Allaah, The Almighty, says )what means(: }Is He ]not best[ who responds to the desperate one when he calls upon Him and removes evil and makes you inheritors of the earth? Is there a deity with Allaah? Little do you remember.{ ]Quran 27:62[
We also advise you to seek treatment for her. One of the best means of treatment is the Ruqyah, which Muslims often neglect. For more benefit, please refer to Fataawa92491,88660and82918.
If her illness is just a mental deficiency and does not reach the degree of insanity, then her guardian is not liable for concealing it, and you do not then have the choice of annulling the marriage. However, her guardian should have told you about her condition to avoid any causes for dispute.
On the other hand, if her illness reached the degree of insanity, then you have the choice of annulling the marriage, because insanity is one of the physical defects that are grounds for either spouse having the choice of annulling the marriage.Ibn Al-Qayyimstates inZaad Al-Ma'aad:“Ash-Shaafi‘i and Maalik said that marriage may only be annulled on grounds of insanity, vitiligo )skin depigmentation(, leprosy, a blocked vagina, a severed penis or impotence.”]End quote[
It is a condition for the right of annulment that the husband did not know of the defect at the time of the marriage contract, and did not accept it when learning the facts.
Finally, if it is easy to get treatment for your wife, then all praise be to Allaah, The Almighty; and if not, then you can marry another one if you are able to be fair and fulfill your obligations towards both wives. But if you cannot marry another with her, then you can divorce her and marry another. Divorce is permissible, especially if there is a need for it.
Allaah Knows best.

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Fathwa, - Marriage in Sharee'ah court is vali..

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My cousin is an associate professor and his age is 50 years, He did court marriage in Pakistan with a 27 years old girl. But the problem is that now the father of a girl says your marriage is not valid because court marriage is haram, you have not seen the witnesses and your wali`s )the father( acceptance was not in the marriage. But the thing is that according to her, her father is not good person, who do not pray, and fast. She says once her mamoo )maternal uncle( raped her sister still her mother did not say anything to his brother, rather she blasted on her sister, and because of that she became a psycho. She )the girl who did court marriage with y cousin( was in the hostel, her parents did not paid attention to her, she wanted a good religious person, but her parents wanted her to marry the person of their choice who is rich. the question is that is this type of court marriage valid? when the girl knows that her parents are not religious and will not let her marry a religious person? and they do not pay attention to her. She signed a blank paper of nikah but when it was filled she read and changed the mahr from 25k to 125k. She did not even saw the witnesses of nikah )note the witnesses saw her picture and they witnesses for the nikah(. after some months of this nikah her father said now i agree that this nikah took place and i wholeheartedly accept this person, and they said to the daughter that come back to home we will do rukhsati, when she came back they refused to give her back. both the husband and wife are now worried what to do. her parents continuously say that your nikah is not valid and you are a zaaniya. they are forcefully making her agree that you have to take khula. She and my cousin want to know what to do now? is their nikah valid in this type of situation? please answer because this is the matter of their life, they both are in a big trauma.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His Slave and Messenger.
If the father of the woman refuses to let her marry someone who is compatible with her, then he is preventing her marriage without justification )which is called 'Adhl in Islamic law(. Thus, if a Muslim judge gives her in marriage to that man, the marriage is valid in such condition. For more benefit, kindly refer to Fataawa84405and90689.
For the attestation of the marriage contract, it is not a condition that the witnesses see the woman or that she sees them; rather, it is sufficient that the witnesses attend the contract session and hear the exchange of 'Eejaab and Qabool )proposal and acceptance( from the two parties involved.
It is worth noting that the Mahr )i.e. the dowry( named at the time of the marriage contract is what is legally binding.
Allaah Knows best.

PUBLISHED by"NajimudeeN_M-INDIA"