legal requirement that I firstly seek the consent of my first wife

Laws of Marriage,Marriage,legal requirement that I firstly seek the consent of my first wife

Fatwa No :
37065
| Date :
2019-03-07
معاملات / احکام نکاح / نکاح

legal requirement that I firstly seek the consent of my first wife

Islam has allowed four marriages. Taking this allowance into account, I would like to get married for a second time. With regards to this, it is a legal requirement that I firstly seek and present the consent of my first wife. But when I seek permission from my wife she refuses to permit me. Please guide me concerning this issue, because the Shari’ah has given this allowance but my first wife is not consenting, so who will bear the sin of this? Whereas I am properly providing and maintaining my wife and children with all needs necessary.

الجوابُ حامِدا ًو مُصلیِّا ً

If the questioner is able to equally fulfill the rights of two wives, then as per Shari’ah, the consent of his first wife is not necessary for a second marriage. In fact, it is permissible for the questioner to marry as second time even without the consent of his first wife. And if the questioner’s wife does not permit him to marry a second time, then in that case he will not even be sinful (i.e. for having another marriage).

مأخَذُ الفَتوی

قال اللہ تعالٰی: (وان خفتم الا تقسطوا فی الیتامٰی فانکحو ماطاب لکم من النساء مثنی وثلاث ورُبٰع الآیہ (النساء: ۳ واللہ اعلم بالصواب

And Allah knows best
عبدالواجد وزیرمحمد عُفی عنه
دار الافتاء جامعه بنوریه عالمیه

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