Financial rights of co-wives with varying conditions

6-1-2014 | IslamWeb

Question:

salam, my husband has 2 wives, i ve a child she has non yet, is our provision suppose to be shared equally or not. And is he allowed in some circumstances to tell lies to me if he knows the truth will hurt me and lead to other problems, and he has done it many times its really almost part of him now. pls i will also want to know if i am allowed to give my house to my only child and leave my other properties to be shared btw my inheritors.

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His Slave and Messenger.

A husband is obliged to treat his wives fairly as far as financially supporting each according to  circumstances. After having done so, he may favor any of them with something extra, as stated by the jurists. Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: “He is not obliged to treat his wives equally as far as maintenance and clothing after having done what he is obliged to do regarding each one of them (i.e. after sufficiently providing for the needs of each of them).” [End of quote]

Also, he is obliged to sufficiently provide for the needs of his children. Ibn Al-Munthir  may  Allaah  have  mercy  upon  him said: “All of the noteworthy scholars that we know of have agreed that a man is obliged to provide the needs of his children who have no money, because the child is a part of him, and he (the father) is a part of his father. So just as someone is obliged to provide for his own needs and the needs of his wife, so is he obliged to provide for what is part of him (i.e. his children) and his origin (his parents).” [End of quote] Ibn Qudaamah  may  Allaah  have  mercy  upon  him quoted him as saying this in Al-Mughni.

Therefore, it is clear that one should provide for his child just as he provides for the child's mother. For more benefit, please refer to Fatwa 88825.

Secondly, in the Sharee’ah, it is permitted for a husband to lie to his wife and vice versa if it means achieving a correct objective, like maintaining good marital relations and marital stability, provided that this does not lead to any injustices. For more benefit, please refer to Fataawa 83133 and 96115.

Thirdly, it is permissible for you to gift the house to your son if you are in your good health and do not intend to exclude the other heirs. If you gift it to him and he gains possession of it, then it becomes his property even without documentation. However, documentation is better in order to avoid future disputes. For more benefit, please refer to Fatwa 127822 and 131650.

Allaah Knows best.

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