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Offline Reader Questions

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Is Consent of the First Wife Required?
« on: January 03, 2012, 03:47:55 AM »
Dear Joseph,

In a Friday sermon it was said that a Muslim man can divorce or marry another woman for a child without taking consent of the first wife.

Please can you enlighten with your views on this.

Best Regards.

Offline Joseph Islam

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Re: Is Consent of the First Wife Required?
« Reply #1 on: January 03, 2012, 03:50:12 AM »
Salamun Alaikum.

A marriage contract is entered with the intention of a lifetime commitment [1] and to fulfil its obligations. The marriage bond has been termed by the Quran as a 'meethaqan galezaan' (solemn covenant). [2]

It is a duty on believers to fulfil any obligations entered into (awfu bil-uqudi 5:1)

If the marriage contract stipulates a clause in which both parties agreed that the husband would not marry without first seeking consent of the wife, then this must be upheld.

If there was no such understanding, then the matter becomes a little more complex. Polygyny is acknowledged by the Quran [3] and albeit there is no express stipulation in the Quran that 'permission' needs to be sought, there is implicit responsibility that spouses conduct their marital affairs with sincerity, justice and in peace. If such a decision on part of a male is going to cause undue hardship or turmoil to his existing responsibilities, then this matter should be carefully considered as their remains arguably an implicit responsibility of due care. Destroying one family and causing undue hardship by fulfilling another responsibility is arguably not within the spirit of Islam. However, on part of the female spouse it should be recognised that polygyny is a right acknowledged by the Quran.

However, no such marriage should be conducted in secrecy. The first wife should clearly be told of the intentions to marry and this position can be clearly argued from the Quran.

Covert operations and deception such as these are clearly not within the spirit of the teachings of Islam.

For example, God clearly instructs believers that children must be known by their true parentage (33:5). Therefore, children must be known to society by their true parentage. If a man secretly marries another woman and has a child, the child would have to be known to the society by its true parentage. In this case, a marriage could not remain hidden. By straight forward implicit reasoning, the first wife would definitely need to be informed.

Secondly, such deception has the potential to wreak havoc in terms of inheritance rights if the male passes away. This will not only compromise the first wife and her children but also the second wife and any children she may have with the deceased male.

Therefore, such deception cannot be supported by the Quran and in turn is arguably rebuked. The wife must know within the scope of her marital bond if the husband intends to marry another woman and she has complete choice to make her decision within that scope of marriage.

Finally, whether or not being able to conceive a child is suitable grounds for divorce is open to debate. However, there is much guidance in the Quranic statement "...Live with them in kindness and equity. If you take a dislike / hate to them, then perhaps you dislike / hate a thing in which God has placed much good" (4:19).

I hope this helps, God willing

Regards,
Joseph.


REFERENCES

[1] Nikaah al-Mut'ah - Temporary Marriage
http://quransmessage.com/articles/mut'ah%20FM3.htm

[2] Nikaah - The Contract of Marriage
http://quransmessage.com/articles/nikaah%20FM3.htm

[3] Marrying Four Wives in Islam
http://quransmessage.com/articles/four%20wives%20FM3.htm
'During times of universal deceit, telling the truth becomes a revolutionary act' 
George Orwell