Fatwa ID: 06558
Answered by: Maulana Mohammed Dilwar Hussain
Question:
A man gets a second wife without telling the first wife not because he hurt the wife. Then after the first wife found out about she is asking for a divorce from her husband.
What is your advice for both of them, is the man going give divorce or not, and what is the sharia say about it
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Allāh Ta’ālā has been decreed, “If you fear that you will not do justice to the orphans, then, marry the women you like, in twos, threes and fours. But, if you fear that you will not be able to maintain equality (between them), then (marry only) one woman, or a bondswoman whom you own. That will be closer to abstaining from injustice.” [Surah An-Nisa; 4:3] [1]
Having multiple wives at the same time is something which pre-dates Islam. It existed before Islam and carried on into Islam as well. Throughout history, we find that men have always had more than one wife. There are multiple reasons and advantages for that, thus Islam’s permitting of it.
The culture of monogamy is very western and very recent. Nonetheless, however recent it may be, we still find it within western societies polygamy taking place. But this is in a more inappropriate manner. That is, a man will have one wife and perhaps a mistress as well as multiple girlfriends all at the same time. All these additional women have no rights or standing in society, culture or religion.
Islam facilitates the needs of men while protecting the chastity of women and the sanctity of marriage by allowing a man to marry up to four times at once. Islam is the only world religion which actually commands marrying only once when it is feared that the man will not be able to maintain justice and equality between all of his wives.
It is always advisable to consult the first wife before endeavouring into another marriage to avoid such conflicts.
In the situation which you have described, mediation may possibly be the best course of action so both sides can decipher what the actual problems are in the marriage which led to the husband feeling the need to get married again and in secret. If the husband is able to equally maintain both marriages while keeping both wives happy, then there are no issues in terms of Shari’ah. If the first wife is asking for a divorce, then she can do so via Khul’a. That is her provocative and she is permitted to do so. However, if the husband does not wish to divorce her, then he is not compelled to do so by the Shari’ah.
Only Allāh Ta’ālā knows best.
Written by Maulana Mohammed Dilwar Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
}[1]وَإِنۡ خِفۡتُمۡ أَلَّا تُقۡسِطُواْ فِي ٱلۡيَتَٰمَىٰ فَٱنكِحُواْ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثۡنَىٰ وَثُلَٰثَ وَرُبَٰعَۖ فَإِنۡ خِفۡتُمۡ أَلَّا تَعۡدِلُواْ فَوَٰحِدَةً أَوۡ مَا مَلَكَتۡ أَيۡمَٰنُكُمۡۚ ذَٰلِكَ أَدۡنَىٰٓ أَلَّا تَعُولُواْ {
