Is it permissible to seek divorce due to psychological harm caused by the husband's repeated infidelity and his secret marriage to another woman, which has negatively affected the children?
The default assumption for a Muslim is blamelessness, and it is not permissible to accuse them of wrongdoing based merely on disreputable news; verification of information is obligatory. If it is confirmed that the husband is committing something forbidden, the wife should advise him kindly. A man's marriage to another woman is Islamically permissible if he is capable of being just, and he must be just between his wives. The wife has the right to demand her rights if the husband does not fulfill them. Seeking divorce is Islamically prohibited unless there is harm that is not permissible Islamically, and a man's mere marriage to another woman is not a harm that necessitates divorce. A woman may seek divorce or khul' (divorce at the wife's instance, by giving compensation) if she is harmed by her husband's marriage or by other reasons, to the extent that she detests him and is no longer able to fulfill his rights. However, patience and striving for reconciliation might be better, especially with the presence of children.
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- Original fatwa ID
- 163026
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