Fatwa No : 82125
Ruling on Divorcing the first wife in order to marry the second wife

Ruling on Divorcing the first wife in order to marry the second wife

Assalamu Alaikum,!
I need your guidance in this matter. There is a widow who has three children; I want to marry her. I want to do a good deed, and I like her very much. I think, God willing, she would also be good for my daughter. I have one daughter from my first wife, and she has been with me for the last ten years. After the divorce, some people in the Pashtun family arranged my second marriage because of the girl, but everything turned out to be the opposite of what I was led to believe no interest in household responsibilities, not involved in my affairs, and not a proper attitude toward my daughter. On the contrary, she began telling my mother that there is something wrong with your son, and that is why he is not able to have children. She said we should get his test done, forge the report, and put it up in the room which later, by God’s will, was proven that the medical problem was actually on the other side.
Besides that, I live with my mother, and this house was built through my mother’s hard work. To behave rudely in this house and to cause every kind of mental pressure my mother does not understand what is happening. All of this has been going on for the last four years, and because of it I am suffering severe mental distress. I can no longer trust that person for the sake of my daughter, whose true character has now become clear.
The woman I want to marry, I have told her the whole truth about my situation and she understood and agreed to the marriage. Now please guide me: I want to spend the rest of my life with her, not with a person whose life’s goal is only money or travel; she is utterly distant from housekeeping, has no respect for elders, and has no manners. I cannot ruin my life further by living with such a person. Her mahr is 400,000 rupees, and I will pay that amount. I want to free myself from this woman without any fights or disputes.

الجوابُ حامِدا ًو مُصلیِّا ً

**English Translation:**

It should be clear that giving a divorce to the first wife is not a religious requirement or necessity in order to enter into a second marriage. If the person is capable of fulfilling the rights of both wives and maintaining justice between them, then he is permitted to marry a second time according to Islamic law.
Merely for the reason of a second marriage, divorcing the first wife and thereby ruining her life and future is absolutely incorrect, and it must be strictly avoided in all circumstances.
However, if the person truly does not wish to continue living with his current wife, and there is no fault on his part, but rather the obstacles and complications in maintaining the marriage are due to his current wife, and because of her, it becomes impossible for him to uphold the boundaries set by Allah in the marriage then in such a case, there is religious allowance for the husband to separate from his wife through divorce or khula, taking the elders of both families into confidence.
In this scenario, he will not be considered sinful but he will still be obligated to pay the agreed-upon mahr (dower) to his wife.

مأخَذُ الفَتوی

کما فی رد المحتار : تحت ( قوله للشقاق ) أي لوجود الشقاق و هو الاختلاف و التخاصم و في القهستاني عن شرح الطحاوي السنة إذا وقع بين الزوجين اختلاف أن يجتمع أهلهما ليصلحوا بينھما،فإن لم يصطلحا جاز الطلاق و الخلع۔اھ(3/441)۔
و فیه ایضاً:(قوله لا يجب على الزوج تطليق الفاجرة) و لا عليھا تسريح الفاجر إلا إذا خافا أن لا يقيما حدود الله فلا بأس أن يتفرقا اه مجتبى و الفجور يعم الزنا و غيره و قد قال ﷺ لمن زوجته لا ترد يد لامس و قد قال إني أحبھا استمتع بھا۔اھ (6/427)۔
وفی الھندیہ:وإذا كانت له امرأة وأراد أن يتزوج عليها أخرى وخاف أن لا يعدل بينهما لا يسعه ذلك وإن كان لا يخاف وسعه ذلك والامتناع أولى ويؤجر بترك إدخال الغم عليها كذا في السراجية. والمستحب أن يسوي بينهن في جميع الاستمتاعات من الوطء والقبلة وكذا بين الجواري وأمهات الأولاد ولا يجب شيء كذا في فتح القدير.(ج1 ص341 کتاب النکاح ط:ماجد)۔