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Offline Sstikstof

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Do I need consent from the first wife to do second marriage?
“And no example do they bring to you but We bring to you the truth and the BEST TAFSEER (EXEGESIS).” 25:33

The best commentary of the Qur’an is the Qur’an itself!

Offline Hassan3000

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Re: Do i need consent from first wife in order to do second marriage?
« Reply #1 on: July 30, 2016, 05:55:53 PM »
Peace be upon you :)

"...But if you fear that you will not be just, then [marry only] one..." [4:3] Sahih International
Well since Allah says you are allowed only when you can do justice, so the first wife must agree with it, then only it will be justice, as her not agreeing to it and you still do it can be extremely hurtful, thus it will fall under the category of injustice as I understand it.

Offline relearning

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Re: Do i need consent from first wife in order to do second marriage?
« Reply #2 on: August 16, 2016, 04:01:36 PM »
Peace be upon you :)

"...But if you fear that you will not be just, then [marry only] one..." [4:3] Sahih International
Well since Allah says you are allowed only when you can do justice, so the first wife must agree with it, then only it will be justice, as her not agreeing to it and you still do it can be extremely hurtful, thus it will fall under the category of injustice as I understand it.

Dear brother your idea about justice will not be done unless the consent of wife doesnt make sense to me. Justice is not taking consent of every participants or reaching a consensus. Justice is proper distribution of rights. No ones' right is at the hands of another person's consent. Justice and compromising are different things.

Offline Hassan3000

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Re: Do i need consent from first wife in order to do second marriage?
« Reply #3 on: August 16, 2016, 07:29:02 PM »
Peace be upon you :)

Justice does not really only mean proper distribution of rights.
Meaning of justice - the quality of being just, impartial, or fair [1]
And the meaning of just - treating people in a way that is considered morally right [2]

So we should treat our wives with justice, with a way that is considered morally right. As per the Quran as it states - "...and treat them kindly..." Quran 4:19. Marrying another wife without the consent of the first wife, will hurt her. And that treatment of her will be extremely unkind, hence it will be injustice.

Thats what I understand of it, indeed God knows best.

[1] - http://www.merriam-webster.com/dictionary/justice
[2] - http://www.merriam-webster.com/dictionary/just

Offline relearning

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Re: Do i need consent from first wife in order to do second marriage?
« Reply #4 on: August 16, 2016, 07:36:08 PM »
Yes I agree with your justice definitions as well but i still say there is no need for a concent (that doesnt mean you shouldnt) from your wife in Islam. The two are different. Concent is not a must but that doesnt mean it is not good to have it.

Offline Hassan3000

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Re: Do i need consent from first wife in order to do second marriage?
« Reply #5 on: August 17, 2016, 01:20:56 AM »
If wife disagrees and the husband still marries a second wife, that is extremely hurtful to the first wife. If God says we should treat them kindly, is such an treatment kind? Secondly, such an act can cause immense negative impacts on the first wife's emotions, and although it does not hurt them physically, it does emotionally which at times can even be worse. When God says we should not retain woman for injury/HURT (2:231), does this act cause great hurt to her? As we can see such an action goes against 2 of the ayaat of God, which clearly shows the immoral nature of it. Hence the injustice done to the first wife.

The consent of the first wife is a must, in order for it to be morally right, hence the treatment of one's wives with justice. Otherwise it is just unfaithfulness.

Offline relearning

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Re: Do i need consent from first wife in order to do second marriage?
« Reply #6 on: August 17, 2016, 03:12:53 PM »
ok take this scenario: a man is married a woman they are happy together and want to have children but after years and medical treatments indicate that woman is infertile and there is no way for her to become pregnant and thus to have a child. Man (as you said emotions of wife is important and justice needs for this) wants to have his own (not adopted) child or children but doesnt also divorce his wife. But wife says she would be hurt if he marries another woman to have a children. Then man says he is also hurt. So please place the justice here but please dont just take the emotions of woman into your consideration but man also and please refrain to advice subjective ideas. Now this man cannot have his right of second marriage because her current wife might emotionally hurt? Emotionally hurt can never be an indication of injustice. For example in heritage rules according to quran women take half of the men and i am sure many women (even if you were one) would be emotionally hurt but would this mean justice is not done? What i say your taking emotionally hurt or satisfying someones's emotinal feelings as parameters of being just is wrong. We are talking here about rights. One's right cannot be taken unless another person's right is violated. And emotionally hurt is not the violation of rights. Here the case can be classifed as injustice if after marrying man neglect his first wife completely and doesnt comply his duties towards her as a normal marriage requires.

Offline Truth Seeker

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Re: Do i need consent from first wife in order to do second marriage?
« Reply #7 on: August 18, 2016, 05:31:08 AM »
Salaam,

If we look at the situation relearning has put forward, the first wife is not happy if the man were to marry another woman.

In this case to keep the marriage intact, he could just live with the fact that they can't have children as we are told in the Qur'an that some couples are not to be blessed with offspring.