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Fatwa CenterHis non-Muslim wife refuses his second marriage to have children
Question
I am Muslim and married with English woman and she is non-Muslim and she cannot have children, Allaah said that we can get married four wives. I would like to have children but I don't know what I do in case she does not accept to let me marry another woman. Can you please tell me with details all my rights?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
Allaah has permitted a man to marry a second, third or a fourth wife provided he is just among them. Allaah Says (what means): {...then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hands possess [i.e. slaves]. That is more suitable that you may not incline [to injustice].}[Quran 4:3]
Therefore, if you can be just between your wives, then you may marry another wife even without having the consent of your first wife, and she does not have the right of objection.
Moreover, Islam encourages having many children and appreciates this act. Ma'qal Ibn Yassaar 
narrated that a man came to the Prophet and said: "I have found a woman of honorable lineage and beauty, but she does not give birth to children. Should I marry her?" He [the Prophet] said: "No." He [the man] came again to him, and he prohibited him. He came to him a third time, and he said to him: "Marry women who are loving and very prolific, for I shall outnumber other nations by you (on the Day of judgment)." [Abu Daawood and An-Nasaa'i]
If this is the case with a Muslim woman, how would the case be if the wife is barren and non-Muslim?
So, we advise you to explain to your wife the importance of your second marriage and that it is your right to have children. It is better for her too since the children of the second wife will respect her and deal with her kindly as they will do with their mother.
If she insists on her refusal and does not agree with you, then you can marry regardless of her disapproval. If she asks for divorce due to this reason, then separating from such a wife is better than living with her.
For more benefit on the rights of spouses towards each other, please refer to Fataawa 83157 and 88304.
However, if the law of the country where you are living forbids marrying a second wife, then you are not obliged to abide by it unless there is harm on you.
Allaah Knows best.
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