❀ Seeking Divorce Due to Perceived Necessity ❀
Source:
This article is derived from the book “500 Questions and Answers for Women” based on the fatwas of the scholars of the Haramain, translated by Hafiz Abdullah Saleem.
My husband planned to marry a second wife and informed me about it. I rejected his decision, reasoning that I have borne his children and fully fulfilled all his rights, and therefore he has no need for a second marriage. However, when he insisted on proceeding, I demanded a divorce.
Am I in the right for doing so?
Regardless of how well you have treated your husband or fulfilled his rights, you do not have the authority to prevent him from marrying a second wife.
He may:
✔ Desire more children,
✔ Wish to protect another woman’s chastity, or
✔ Believe that one wife alone is insufficient to safeguard his chastity.
In any case, the current wife cannot lawfully prohibit her husband from marrying again.
However, if the wife fears injustice, harm, or abuse from her husband due to the second marriage, or she knows that she cannot maintain a peaceful relationship with a co-wife, then she may request a divorce out of necessity.
Without valid necessity, demanding a divorce is not permissible.
Fears of abuse or incompatibility with a co-wife are matters that cannot be confirmed before they actually occur.
Using such uncertain, future possibilities as grounds for divorce is not valid, as the chances of them happening or not happening are equal.
Thus, demanding a divorce prematurely based on assumptions is not justified.
Allah knows best.
(By: Muhammad Abdul Jabbar & Shaykh Ibn Jibreen حفظه الله)
Source:
This article is derived from the book “500 Questions and Answers for Women” based on the fatwas of the scholars of the Haramain, translated by Hafiz Abdullah Saleem.
❖ Question:
My husband planned to marry a second wife and informed me about it. I rejected his decision, reasoning that I have borne his children and fully fulfilled all his rights, and therefore he has no need for a second marriage. However, when he insisted on proceeding, I demanded a divorce.
Am I in the right for doing so?
❖ Answer:
Regardless of how well you have treated your husband or fulfilled his rights, you do not have the authority to prevent him from marrying a second wife.
He may:
✔ Desire more children,
✔ Wish to protect another woman’s chastity, or
✔ Believe that one wife alone is insufficient to safeguard his chastity.
In any case, the current wife cannot lawfully prohibit her husband from marrying again.
However, if the wife fears injustice, harm, or abuse from her husband due to the second marriage, or she knows that she cannot maintain a peaceful relationship with a co-wife, then she may request a divorce out of necessity. Without valid necessity, demanding a divorce is not permissible.
Important Note:
Fears of abuse or incompatibility with a co-wife are matters that cannot be confirmed before they actually occur.
Using such uncertain, future possibilities as grounds for divorce is not valid, as the chances of them happening or not happening are equal.
Thus, demanding a divorce prematurely based on assumptions is not justified.
Allah knows best.
(By: Muhammad Abdul Jabbar & Shaykh Ibn Jibreen حفظه الله)
