Excerpt taken from the book “Aḥkām wa Masā’il – In the Light of the Qur’an and Sunnah” by Shaykh Mubashshir Ahmad Rabbānī
A man conducted the nikāḥ of a woman who was already married. Is it permissible and valid to perform a second marriage (nikāḥ) with a woman who is already in another man’s wedlock? If not, what is the ruling regarding such a person who officiated the nikāḥ? Please clarify in light of the Qur’an and Sunnah.
All the commands of Islam are clear, evident, and well-defined, free from ambiguity or obscurity. Allah ﷻ has mentioned in the Qur’an in detail the relationships that are prohibited (ḥarām) for marriage. Likewise, the Messenger of Allah ﷺ has clearly elaborated on these restrictions.
Among these are prohibited relationships due to lineage, breastfeeding, and marital ties. Moreover, it is absolutely ḥarām (forbidden) to marry a woman who is already married. As long as a woman remains in the nikāḥ of her husband, no other man has the right to marry her.
Allah ﷻ states in the Qur’an:
﴿وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ﴾
“And (also forbidden to you are) married women.”
— [Surah al-Nisāʾ: 24]
This verse categorically forbids marriage with any woman who is already married.
Islam’s beautiful teachings prohibit not only marriage with a married woman but even sending a proposal over someone else’s proposal is not allowed until the previous suitor withdraws or marries her.
The Prophet ﷺ said:
"A man must not give a marriage proposal over his brother’s proposal unless he marries her or leaves her."
— [Ṣaḥīḥ al-Bukhārī: 5144; Ṣaḥīḥ Muslim: 1408]
If overlapping engagements are impermissible, then how can overlapping marriages be lawful?
☞ If such a marriage is performed knowingly, then:
① The woman must be separated from the second man.
② If an Islamic government is in place with implementation of Islamic penal codes, punishment should be administered for such a grave violation.
☞ Regarding the one who officiated the marriage (nikāḥ khawān):
﴿رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا﴾
“Our Lord! Do not punish us if we forget or make a mistake.”
— [Surah al-Baqarah: 286]
"The pen has been lifted from three: from the insane until he regains sanity, from the sleeping until he awakes, and from the child until he reaches puberty."
— [Sunan Abī Dāwūd: 4399; Ibn Ḥibbān: 193; Musnad Aḥmad: 1348]
However, if he knowingly performed this invalid marriage, it is a grave act of defiance and he must:
① Sincerely repent,
② Refrain from ever repeating such an act,
③ Feel remorse,
④ And seek forgiveness, for indeed Allah is Most Forgiving.
It is essential for scholars and marriage officiants to conduct thorough background checks and proper investigations before performing any religious duties. Negligence in this regard not only causes harm to individuals but also leads to disgrace of the religion itself.
When scholars are blamed due to such mishandlings, it results in the public distancing themselves from Islam due to their perception of the religion being shaped by these errors.
❖ Question:
A man conducted the nikāḥ of a woman who was already married. Is it permissible and valid to perform a second marriage (nikāḥ) with a woman who is already in another man’s wedlock? If not, what is the ruling regarding such a person who officiated the nikāḥ? Please clarify in light of the Qur’an and Sunnah.
❖ Answer:
All the commands of Islam are clear, evident, and well-defined, free from ambiguity or obscurity. Allah ﷻ has mentioned in the Qur’an in detail the relationships that are prohibited (ḥarām) for marriage. Likewise, the Messenger of Allah ﷺ has clearly elaborated on these restrictions.
Among these are prohibited relationships due to lineage, breastfeeding, and marital ties. Moreover, it is absolutely ḥarām (forbidden) to marry a woman who is already married. As long as a woman remains in the nikāḥ of her husband, no other man has the right to marry her.
Allah ﷻ states in the Qur’an:
﴿وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ﴾
“And (also forbidden to you are) married women.”
— [Surah al-Nisāʾ: 24]
This verse categorically forbids marriage with any woman who is already married.
❖ Even Engagement (Khiṭbah) Has Sanctity in Islam:
Islam’s beautiful teachings prohibit not only marriage with a married woman but even sending a proposal over someone else’s proposal is not allowed until the previous suitor withdraws or marries her.
The Prophet ﷺ said:
"A man must not give a marriage proposal over his brother’s proposal unless he marries her or leaves her."
— [Ṣaḥīḥ al-Bukhārī: 5144; Ṣaḥīḥ Muslim: 1408]
If overlapping engagements are impermissible, then how can overlapping marriages be lawful?
❖ Legal and Ethical Consequences:
☞ If such a marriage is performed knowingly, then:
① The woman must be separated from the second man.
② If an Islamic government is in place with implementation of Islamic penal codes, punishment should be administered for such a grave violation.
☞ Regarding the one who officiated the marriage (nikāḥ khawān):
- If he did so unknowingly, he is not accountable as Allah says:
﴿رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا﴾
“Our Lord! Do not punish us if we forget or make a mistake.”
— [Surah al-Baqarah: 286]
- And the Prophet ﷺ said:
"The pen has been lifted from three: from the insane until he regains sanity, from the sleeping until he awakes, and from the child until he reaches puberty."
— [Sunan Abī Dāwūd: 4399; Ibn Ḥibbān: 193; Musnad Aḥmad: 1348]
However, if he knowingly performed this invalid marriage, it is a grave act of defiance and he must:
① Sincerely repent,
② Refrain from ever repeating such an act,
③ Feel remorse,
④ And seek forgiveness, for indeed Allah is Most Forgiving.
❖ Advice for Scholars and Religious Leaders:
It is essential for scholars and marriage officiants to conduct thorough background checks and proper investigations before performing any religious duties. Negligence in this regard not only causes harm to individuals but also leads to disgrace of the religion itself.
When scholars are blamed due to such mishandlings, it results in the public distancing themselves from Islam due to their perception of the religion being shaped by these errors.
