Jamiatul Ulama KZN

Second Wife

· 12 Rabiʻ II 1437 AH1 min readEnglish

Question

My husband said he divorced me one time. About two months later he came to visit my city and we had relations. That nullifies the utterance of divorce. During those 2 months, he married a second wife. He told that wife he was divorced. Was he really divorced if there is a waiting period. Can he marry a second during this time? I had no idea of the marriage until after we had our relations and I found out when he went back to his city. Now where does that put us all? Is his marriage valid? We live 5000km away from each other. How can he be just with me in our marriage when his new wife lives in his city? How can he share his time equally?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, a man is allowed to marry up to four wives on the condition that equality is maintained amongst all the wives and that their rights are duly fulfilled . Equality between the wives refers to providing food, clothes, shelter and spending time equally among them. If any of the wives relinquishes her rights and allows her husband to spend more time with her co-wife, then that will be permissible.

The second marriage of your husband is valid. You state your husband lives 5000km away from you. Ask your husband to move you to his city so that he can spend his time equally between his wives.

And Allah Ta’āla Knows Best

Answered by
Hafizurrahman Fatehmahomed (Student Darul Iftaa)
Checked & approved by
Mufti Ebrahim Desai
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Jamiatul Ulama KZN — https://jamiat.org.za/second-wife/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-18973

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