{"id":6866,"date":"2013-07-26T18:56:05","date_gmt":"2013-07-26T18:56:05","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=6866"},"modified":"2020-06-03T09:10:06","modified_gmt":"2020-06-03T09:10:06","slug":"first-wifes-consent-for-second-marriage-and-can-the-first-wife-ask-ker-husband-to-divorce-the-second-wife","status":"publish","type":"post","link":"http:\/\/daruliftabirmingham.co.uk\/home\/first-wifes-consent-for-second-marriage-and-can-the-first-wife-ask-ker-husband-to-divorce-the-second-wife\/","title":{"rendered":"Must the First wife\u2019s Consent be taken for a Second Marriage and can the First Wife ask her Husband to Divorce the Second Wife?"},"content":{"rendered":"

\n\tFatwa ID: 01354<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by: Mufti Mohammed Tosir Miah<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tQuestion<\/span><\/strong><\/span><\/u><\/span>\n<\/p>\n

\n\tDoes the husband need to get the first wife’s consent for a second marriage and can the first wife ask her husband to divorce the second wife?<\/font><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\t \u0628\u0650\u0633\u0652\u0645\u0650 \u0627\u0644\u0644\u0647\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0652\u0645\u0646\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0650\u064a\u0652\u0645<\/span><\/strong><\/span><\/span>\n<\/p>\n

\n\tIn the name of Allah, the Most Gracious, the Most Merciful<\/u><\/strong><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\t \n<\/p>\n

\n\t \n<\/p>\n

\n\tAnswer:<\/strong><\/span><\/span><\/u><\/span>\n<\/p>\n

\n\tThe issue that one man could have more than one wife was something that was considered permissible by all religions of the world even before the advent of Islam.  This custom prevailed in Arabia, India, Iran, Egypt, and Babylon and among people elsewhere.<\/span><\/span><\/span>\n<\/p>\n

\n\tDuring the early period of Islam, this custom continued without being limited.  As a result, men initially took too many wives to satisfy their greed. Later, they could not do justice to all of them and their wives lived like prisoners. It was the Holy Quran that stopped this great injustice prevailing in the human society at large. The Holy Quran restricted the plurality of wives by declaring that keeping more than four in marriage is unlawful. Furthermore, to treat any of them unfairly will also be unlawful. (Maariful Quran p.301 & p.302 v.2)<\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tAllah \"sub\u1e25\u0101nahu in the Holy Quran has said:<\/span><\/span><\/span>\n<\/p>\n

\n\t‘Then marry the women you like, in two’s, in three’s and in four’s.  But if you fear that you will not maintain equality, then (keep to) one women, or a bondwoman you own.  It will be closer to your not doing injustice.’  (Surah Nisaa v.3)<\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tSaiyiduna Abu Hurairah \"ra\u1e0dyAll\u0101hu narrates that the Prophet of Allah \"\u1e63allall\u0101hu <\/span><\/span><\/span>sai<\/span><\/span><\/span>d: “A man who has two wives and he does not deal justly with them will be resurrected on the Day of Judgement with half his body paralysed.” (Sunan Tirmizi)<\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tWith regards to your question, it is not necessary<\/strong> for the husband to seek permission from the first wife for his second marriage to be considered valid and correct. (Raddul Muhtar p.138 v.4)<\/span><\/span><\/span>\n<\/p>\n

\n\tThe husband should<\/span><\/span><\/span> have<\/span><\/span><\/span> consulted his first wife before he decided to marry this second woman in order not to hurt her feelings. She is naturally going to suffer from jealousy against the woman who has come into a marital relationship with her husband.<\/span><\/span><\/span>\n<\/p>\n

\n\tEven the wives of the Prophet \"\u1e63allall\u0101hu suffered in this way.<\/span><\/span><\/span>\n<\/p>\n

\n\tOnce, one of the Prophet’s wives sent him a platter of food while he was at Saaidah Aishah Radiallahu Anha’s house. <\/span><\/span><\/span>Sayyidah<\/span><\/span><\/span> Aishah \"ra\u1e0dyAll\u0101hu knocked the platter out of the hand of the servant who brought it, causing the platter to break in half. The Prophet of Allah Sallallahu Alahi Wasalam was calm and exercised wisdom in how he handled the situation. He put the two halves back together and collected the food back into it, then said: “Your mother (referring to Saaidah Aishah \"ra\u1e0dyAll\u0101hu) is feeling jealous.” He then sent one of Saaidah Aishah \"ra\u1e0dyAll\u0101hu’s platters along with the servant to take to the other wife as a replacement. (Sahih Bukhari)<\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tThe marriage with the second wife will be considered valid even though, the husband should have consulted his first wife. However, it is not permissible for the first wife to demand her husband to divorce his second wife.<\/span><\/span><\/span>\n<\/p>\n

\n\tIt was narrated by Saaiduna Abu Hurairah \"ra\u1e0dyAll\u0101hu that the Prophet Prophet of Allah \"\u1e63allall\u0101hu said: “It is not permissible for a woman to demand her sister’s divorce so that she may take her place and get married; she cannot have more than what is decreed for her.” (Sahih Bukhaari & Sahih Muslim)<\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tThe conclusion<\/strong> to your question is that the second marriage you performed is correct in light of the Quran and Sunnah. Furthermore, your first wife does not have a right of divorce if the husband did not divorce the second wife, rather she does not have a right at all to ask for the second wife to be divorced.<\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tBelow, I have mentioned some rules the husband should adhere to when it comes to doing justice between the two wives:<\/span><\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tIt is wajib to be just and equitable to each wife in giving maintenance, allowance and in being <\/span><\/span><\/span>friendly<\/span><\/span><\/span> with them but not in sleeping together.<\/span><\/span><\/span>\n\t<\/li>\n
  2. \n\t\tIf he treats them equally in sleeping together, kissing etc. then it is mustahab, though not wajib.<\/span><\/span><\/span>\n\t<\/li>\n
  3. \n\t\tAs for the gifts which are not necessary, it is wajib to dispense justice in the view of Imam Abu Hanifah [rahimahullah]. <\/span><\/span><\/span>\n\t<\/li>\n
  4. \n\t\tWhen the man proceeds for a journey, he may take any of his wives along. But it is better if he draws a lottery to choose one.<\/span><\/span><\/span>\n\t<\/li>\n
  5. \n\t\tIt is essential to give a separate home to each wife. One is not allowed to compel both to stay in the same house. However, if both are willing, then it is allowed to keep them together for as long as they are willing.<\/span><\/span><\/span>\n\t<\/li>\n
  6. \n\t\tIt is not proper that while he begins one wife’s turn after Maghrib, he begins another’s after Isha. <\/span><\/span><\/span>\n\t<\/li>\n
  7. \n\t\tSimilarly, it is not proper to stay at both places for some time during one night.<\/span><\/span><\/span>\n\t<\/li>\n
  8. \n\t\tEquality is not wajib for visits during the day. Rather, short visits are enough.<\/span><\/span><\/span>\n\t<\/li>\n
  9. \n\t\tOr, if he goes to one wife for some purpose then <\/span><\/span><\/span>too<\/span><\/span><\/span> it is proper.<\/span><\/span><\/span>\n\t<\/li>\n
  10. \n\t\tIt is not proper to have sexual intercourse with a wife during the day if it's not her turn that night.<\/span><\/span><\/span>\n\t<\/li>\n
  11. \n\t\tIt is the husband’s prerogative to determine the length of the time but it should not be prolonged to such an extent that the other has to endure the wait, for <\/span><\/span><\/span>instance<\/span><\/span><\/span>, a year each.  <\/span><\/span><\/span>\n\t<\/li>\n
  12. \n\t\tIf a husband stays at one home during his illness then on recovery he must stay as many days at the others home. <\/span><\/span><\/span>\n\t<\/li>\n
  13. \n\t\tAlso, if a wife is seriously ill then there is no harm in staying at her home to attend to her. However, these days too should be redeemed.<\/span><\/span><\/span>\n\t<\/li>\n
  14. \n\t\tOne wife may give her turn to another.  She can take it back when she likes.  <\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\t 
    \n<\/h1>\n

    \n\tMETHOD OF LIVING WITH TWO WIVES<\/span><\/span><\/span>
    \n<\/h1>\n

    \n\tPattern for the husband<\/strong><\/span><\/span><\/span>\n<\/p>\n

      \n
    1. \n\t\tHe should not disclose <\/span><\/span><\/span>the secret<\/span><\/span><\/span> of one wife to another.<\/span><\/span><\/span>\n\t<\/li>\n
    2. \n\t\tHe should lodge them separately, each having her meal at her own place. <\/span><\/span><\/span>\n\t<\/li>\n
    3. \n\t\tHe should not complain to one wife about another.<\/span><\/span><\/span>\n\t<\/li>\n
    4. \n\t\tHe should not praise one before another.<\/span><\/span><\/span>\n\t<\/li>\n
    5. \n\t\tIn short, neither should be mentioned before another, nor listen to one speak about the other.<\/span><\/span><\/span>\n\t<\/li>\n
    6. \n\t\tHe should politely decline to tell a wife about another if she asks him about something.<\/span><\/span><\/span>\n\t<\/li>\n
    7. \n\t\tHe should not let any of them doubt that he gives more to one than to the other. Rather, he should declare it clearly.<\/span><\/span><\/span>\n\t<\/li>\n
    8. \n\t\tHe should not try to please any of <\/span><\/span><\/span>them<\/span><\/span><\/span> by claiming to love her more than the other.<\/span><\/span><\/span>\n\t<\/li>\n
    9. \n\t\tHe should not look for an opportunity to say that the other wife praised her<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

      \n\t 
      \n<\/h1>\n

      \n\tPattern for the first wife<\/span><\/span><\/span><\/strong>
      \n<\/h1>\n
        \n
      1. \n\t\tShe should not be jealous of the new wife.<\/span><\/span><\/span>\n\t<\/li>\n
      2. \n\t\tShe should not taunt her.<\/span><\/span><\/span>\n\t<\/li>\n
      3. \n\t\tShe should bring herself to treat her with kind manners so that even if she has <\/span><\/span><\/span>no<\/span><\/span><\/span> love, she does not harbour hatred either.<\/span><\/span><\/span>\n\t<\/li>\n
      4. \n\t\tShe should not display such informality with her husband in the presence of the second wife as he might not like it lest the new wife also becomes rude with him.<\/span><\/span><\/span>\n\t<\/li>\n
      5. \n\t\tShe should not mention defects of the new wife to her husband, for no one likes his beloved to be criticized, particularly by her competitor, a co-wife. <\/span><\/span><\/span>\n\t<\/li>\n
      6. \n\t\tShe should treat the new wife in such a way that she (the new wife) does not ever argue with her.<\/span><\/span><\/span>\n\t<\/li>\n
      7. \n\t\tShe should obey and serve her husband more than ever before so that she does not lose esteem in his eyes.<\/span><\/span><\/span>\n\t<\/li>\n
      8. \n\t\tIf her husband falls short of giving her rights to her and she can do without them then she should not speak of them. But if she finds it difficult to do without them, then she should tell him politely when he is in a happy mood.<\/span><\/span><\/span>\n\t<\/li>\n
      9. \n\t\tShe should deal with the relatives of the new wife cheerfully so that she respects her.<\/span><\/span><\/span>\n\t<\/li>\n
      10. \n\t\tShe should surrender her turn to the new wife once in a while so that her husband might esteem her.<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

        \n\t 
        \n<\/h1>\n

        \n\tPattern for the new wife<\/span><\/span><\/span><\/strong>
        \n<\/h1>\n
          \n
        1. \n\t\tShe should deal with the first wife in a way one deals with one elder.<\/span><\/span><\/span>\n\t<\/li>\n
        2. \n\t\tShe should not take much pride in her husband or think that she is his dearest. The first wife has an established relationship with him and the emotions for the new wife cannot displace them.<\/span><\/span><\/span>\n\t<\/li>\n
        3. \n\t\tIf her husband gives her a separate home, she must pay occasional visits to the first wife and invite her sometimes.<\/span><\/span><\/span>\n\t<\/li>\n
        4. \n\t\tShe should impress upon her husband not to neglect the first.<\/span><\/span><\/span>\n\t<\/li>\n
        5. \n\t\tIf the first wife is strict or taunts her, she should excuse her and not complain to her husband.<\/span><\/span><\/span>\n\t<\/li>\n
        6. \n\t\tShe should serve the relatives of the first wife.<\/span><\/span><\/span>\n\t<\/li>\n
        7. \n\t\tShe should keep excellent relations with the children of the first wife to the extent that the first wife has a soft corner for her.<\/span><\/span><\/span>\n\t<\/li>\n
        8. \n\t\tShe should seek the advice of the first wife in important matters for she has good experience and this will bring them closer to one another.<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

          \n\t(Extracted from The Islamic Marriage – Mawlana Ashraf Ali Thanwi p.214- p.218)<\/span><\/span><\/span>\n<\/p>\n

          \n\t \n<\/p>\n

          \n\t \n<\/p>\n

          \n\tOnly Allah knows best<\/span><\/span><\/span>\n<\/p>\n

          \n\tWritten by Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

          \n\tDarul Ifta Birmingham<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

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