Is it permissible for a man to marry another woman without informing or consulting his first wife, especially if there are ongoing disputes between them in the courts?
There is nothing in Islamic law that obliges a man to seek the permission of his first wife to marry another. However, some scholars have permitted a woman to stipulate that her husband not marry another, and they have obliged the husband to fulfill this condition, based on the hadith: "The conditions most worthy of fulfillment are those by which you make intimacy lawful."
This opinion is weak because it contradicts the permissibility of polygyny in the Qur'an: "Marry such women as seem good to you, two, or three, or four." And due to the saying of the Prophet, peace be upon him: "Whoever stipulates a condition that is not in the Book of Allah, it is void."
In conclusion, a man is not obligated to consult his wife, but it is preferable to inform her. She, in turn, should fear Allah and not seek divorce, for the Prophet, peace be upon him, said: "Any woman who asks her husband for divorce without any strong reason, the scent of Paradise will be forbidden to her."
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- Original fatwa ID
- 31808
- Imported
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- Source text, unreviewed
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