The acceptance of the first wife is not a condition for one who wishes to marry another.
Question: there is no doubt that Islam has permitted plurality of wives, but is it required for the husband to seek he acceptance of his first wife before marrying the second one?
Answer: it is not obligatory for the husband, when he wishes to marry another, to get his first wife's acceptance, but it is a noble trait of character and good relations for him to appease her by whatever decreases the pain which women naturally feel in such a situations. This may be achieved by smiling, greeting her warmly, and speaking kindly to her, and by whatever money you can afford, if her acceptance is requires it.
Answered by: The Permanent Committee
Some portion from another fatwa on the same topic, it is a big answer, and big question, i will only take a bit as it is beneficial on this issue and of a great concern.
page # 325:
"What is prescribed for the wife is not to object to this, and to allow you [husband] to marry. and it is incumbent upon you to take great care to be absolutely just and to undertake everything which is required of you for them both. all of this is a part of cooperating with one another in virtue, righteousness and piety.."
Answered by: Shaykh Abdul Azezz Ibn Bazz.
======================================================================
Taking from: Fatawa Islamiyah - Vol. Five - Page: 209 - The Book of Marriage
The Ruling on a Suitor Denying that he is married to another
Question: is it a condition for the validity of marriage that the man who wishes to marry a woman inform her that he is married to another, if he was not asked about it? and is there any consequence if he denies it when asked?
Answer: a man is not required to inform his wife or her family that he is married, if they do not ask him. but in most cases, this is known, because marriage is only completed after some time and after investigations and inquires have been made of both the husband and the wife, and their suitability has been established. but it is not permissible to conceal anything. so if it happens that one of the two spouses lies and the other one had built his or her acceptance upon it, then that spouse has a choice: if he mentioned that he was not married and he lied about it, she may have the marriage annulled; and if they said that she was a virgin when she was in fact a matron, he has the option to complete the marriage or leave her.
Answered by Ibn Jibreen
---------------------------------------
=================================
Question: If a husband makes a promise when he marries a sister who was new to Islaam, that he would not take a second wife but then changes his mind later on in the marriage, does the first wife have to accept this or does she have the right to ask for a divorce based on this?
Answer: If the man who married this woman promised her this and it is a condition which was stipulated in the marriage contract (that which was said in the question), then it is incumbent upon this man to fulfill this condition and to respect this stipulation, because the Prophet صلى الله عليه وسلم said: " From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled" [1]. So, if he is not fulfilling this promise and condition, then that gives the woman the right to ask for a nullification of the marriage contract. This is because the man violated one of the stipulations of the marriage contract and it is not permissible for him do this except if she agrees with it and renounces what is due to her (as a stipulation in the marriage contact).
However, if it is not a stipulation in the marriage contract but rather something which he promised her by word of mouth, then it is not befitting for him to go against that which he said to her. Therefore, the fact that is mentioned in the question; that this woman believes now after she learned her Deen and she believes that polygyny is permissible in the Deen; this does not go against her asking for her rights to be preserved and fulfilled. Rather, she has to turn her affair to the 'Ulamaa, (the People of Knowledge). She has to go to the nearest Islaamic Center that takes care of the affairs of the Muslims so they can find a solution to her problem; of course this is after checking her statements and the statements of her spouse.
Answered by: Shaykh Fahad Al Fuhayd حفظه الله
Title of Lecture: Golden Naseehah to the Seekers of Knowledge
Date of the Lecture: November 19th, 2005
Listen to Lecture: Click Here
Read the Transcribed Lecture: Click Here
[2] Reported with the following wording in Saheeh al-Bukhaaree, Kitaab ash-Shuroot (The Book of Conditions) (#2572).
With the wording used by the Shaykh حفظه الله it is reported in Sunan Abi Daawood 2/244 (#2139) and Shaykh al-Albaanee رحمه الله says with a Saheeh isnaad.
Answer: If the man who married this woman promised her this and it is a condition which was stipulated in the marriage contract (that which was said in the question), then it is incumbent upon this man to fulfill this condition and to respect this stipulation, because the Prophet صلى الله عليه وسلم said: " From among all the conditions which you have to fulfill, the conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled" [1]. So, if he is not fulfilling this promise and condition, then that gives the woman the right to ask for a nullification of the marriage contract. This is because the man violated one of the stipulations of the marriage contract and it is not permissible for him do this except if she agrees with it and renounces what is due to her (as a stipulation in the marriage contact).
However, if it is not a stipulation in the marriage contract but rather something which he promised her by word of mouth, then it is not befitting for him to go against that which he said to her. Therefore, the fact that is mentioned in the question; that this woman believes now after she learned her Deen and she believes that polygyny is permissible in the Deen; this does not go against her asking for her rights to be preserved and fulfilled. Rather, she has to turn her affair to the 'Ulamaa, (the People of Knowledge). She has to go to the nearest Islaamic Center that takes care of the affairs of the Muslims so they can find a solution to her problem; of course this is after checking her statements and the statements of her spouse.
Answered by: Shaykh Fahad Al Fuhayd حفظه الله
Title of Lecture: Golden Naseehah to the Seekers of Knowledge
Date of the Lecture: November 19th, 2005
Listen to Lecture: Click Here
Read the Transcribed Lecture: Click Here
[2] Reported with the following wording in Saheeh al-Bukhaaree, Kitaab ash-Shuroot (The Book of Conditions) (#2572).
أحق الشروط أن توفوا به ما استحللتم به الفروج
With the wording used by the Shaykh حفظه الله it is reported in Sunan Abi Daawood 2/244 (#2139) and Shaykh al-Albaanee رحمه الله says with a Saheeh isnaad.
إن أحق الشروط أن توفوا به ما استحللتم به الفروج
--
No comments:
Post a Comment