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Is it permissible, in Islamic law, to marry a second wife through a Fatiha recitation and witnesses, without an official marriage contract, knowing that the first wife has not yet agreed to this marriage?

1 min readAlso available in العربية

If the woman is still married, it is not permissible for you to marry her, due to the Almighty's saying: "And all married women." However, if she has been divorced and her waiting period (iddah) has ended, then it is permissible to marry her with a valid Islamic contract that includes the permission of her guardian and the presence of witnesses. Documenting the contract in court is not a condition for the validity of the marriage, but it is preferable to do so to safeguard rights. The consent of the first wife is not a condition for the validity of marrying a second wife. It is obligatory for whoever marries more than one wife to be just between them in lodging and maintenance.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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