Is common-law marriage considered valid, from a Shar'i perspective, if the man is already married? And does the common-law wife deserve the same rights as the official wife, in terms of financial support and clothing? And is she entitled to seek a divorce due to the husband's failure to deal justly between his two wives?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The questioner must repent to Allah for interacting with a non- man and speaking to him unlawfully. If the conditions for marriage mentioned in no. 32719 are met, then the marriage is valid, and the husband must be just between his two wives in terms of spending and clothing. If the husband is not just, the wife may request a divorce or remain and waive some of her rights. If the conditions for the validity of the marriage, such as witnesses or a guardian, are not met, then the marriage is invalid and must be annulled.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/58194
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 58194
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy