His childless wife will not live with him if he marries another wife

9-12-2009 | IslamWeb

Question:

assalamualaikum i married 9 yrs ago i dont had child i want 2 marry anotherwomen for children purpose what should i give hissa(property)2 my first wife she is demanding and after getting hissa what so ever (property) my wife is telling 2 me she will not live with me and seperated from me if i give talaq 2 my wife iam fearing she will put a case on me pls give me better solution

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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.

 

According to the Sharee’ah it is permissible for a man to marry up to four women and the only condition is the ability to provide for them and be just between them. Moreover, you are not obliged to give anything from your property to your wife unless you choose to do so of your own free will. She has no right to ask you for it. For more benefit, please refer to Fatwa 81469.

Furthermore, it is not permissible for her to ask you to divorce her just because you want to marry a second wife unless she had conditioned this when conducting the marriage contract that you would not marry a second wife, in which case, you should fulfil the promise to her otherwise she has the right to ask for divorce. For more benefit, please refer to Fatwa 95416.

Therefore, in our view you should try to convince your wife about this matter and you should try to please her with something in order to avoid problems with her that may have unpleasant consequences.

Allaah Knows best.