Can A Man Take A Second Wife Without The Consent Of The First?


Assalyamu alaikum wa rahmatullah wa barakaatuhu! Dear Mufti, maybe I'm wrong address, but I have one question. If you are not difficult, could you answer to my question. If a Muslim man wants to marry a second wife, then the first wife must know about it, or that she never knew about the presence of the second wife? (Zaytoun Ashirova)


Regarding the first question, the verses and hadiths regarding this theme, do not indicate that the husband is obliged to inform the first wife of the second, or ask her permission to marry. 

However, if at the conclusion of Nikah was an agreement between the parties that the man would not take a second wife without the consent of the first, and he accepted this condition, whereas in the case of marrying a second wife without the consent of the first, she has the right to give talaq and leave him. 

In history there was a case, when women of Bukhara came to scientists and complained to them on their husbands that they leave them without nafaq, beat without Shariah conditions, are taken to another town without their consent, and take the second young wife, and they do not pay attention. 

After that, scientists of Bukhara have established 4 conditions at the conclusion of marriage, to prevent oppression of women's rights:

- Do not leave a wife without nafaq (content) more than six lunar months;

- No hitting, without Shariah conditions;

- Do not to take a wife from the city where her parents live;

- Do not marry a second wife without the consent first.

And if even one of these four conditions is violated, the woman become "muhayyyara" (ie, she has a choice). If desired, she can give talaq or to endure and to be with her husband. 

Regarding the second question, the Holy Quran says: 

فإن خفتم ألا تعدلوا فواحدة 

"If you fear you cannot do justice between them, then marry only one". 

Also in the hadith of the Prophet (peace be upon him): 

من كانت له امرأتان فمال إلى إحداهما جاء يوم القيامة وشقه مائل 

"A man who has two wives and he does not deal justly with them will be resurrected on the Day of Judgment with half his body paralysed".

It is said in the book "al-Hidaya": 

"Women deserve equalization in equal division of nights between them, but not in the sexual act".

In these circumstances he will be forced to say first wife about the presence of the second, because it will be hard to hide the fact, for example, his absence from home, when its turn comes second wife. 

But if you are interested in my personal attitude to this matter, I will say: "It is better to have one home front than two fronts".

Kamil hazrat Samigullin

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