Tuesday, October 11, 2011

Validity of marrying a second wife for mere love and without consent of first wife

 

Is it ok for husband to marry a second wife, without the
consent of the first wife. Just because the man, or
husband, in our case, falls in love with another woman.
Hence, should he marry her, even though he is already
married? Does Islam allow such a situation for a man?

Al-hamdu lillah (praise be to Allah). Before responding to the this
question, a comment must be made regarding an objectionable and
reprehensible issue implied in the question, and that is the mentioning
by the sister that he “falls in love with another woman”. It is known
that it is not permissible in the Islamic religion the establishment of a
relationship between a man and a woman who is ajanabiyya to him
(lit. foreign, i.e., marriable) before marriage, for Allah revealed in
Surat al-Maa’ida (the Table), ayah 5 a verse whose meaning can be
translated as:

 “This day are (all) things good and pure made lawful unto you. The
food of the People of the Book is lawful unto you and yours is lawful
unto them. (Lawful unto you in marriage) are (not only) chaste and
virtuous women who are believers, but chaste women among People
of the Book, revealed before your time, when you give them their due
dowers, and desire chastity, not lewdness, nor secret intrigues. If any
one rejects faith, fruitless is his work, and in the Hereafter he will be
in the ranks of those who have lost (all spiritual good).”

 And the word “akhdaan” that appears in this ayah (appearing above
as “secret intrigues”) means intimate friend or companion, and in this
case refers to a lover, and Allah has indicated in Surat al-Ahzaab
(33:53) that a condition for talking with women when it is needed is:
(a translation of the meaning)

 “…and if you ask them (women) for something you want, ask them
from behind a hijab (both in the sense of a physical barrier such as a
screen or wall, as well as in clothing); that makes for greater purity
for your hearts and for theirs…”

And Allah has commanded women not to speak with soft, sensual
voices with a man who is ajnabi (lit. foreign, meaning one to whom
is not forbidden marriage for her) so that he is not tempted by their
voices, and so as not to provoke feelings of lust. Allah ta’aala said in
Surat al-Ahzaab ayah 32 a verse whose meaning can be translated as:

“… if you do fear (Allah) be not too complaisant of speech lest one
in whose heart is a disease should be moved with desire; but utter
sufficient and appropriate speech.” (33:32)

So how could it possibly be permissible after all of these injunctions
to establish love or friendship relations among women and men who
are ajaanib (marriable)??

And as for the original matter of the question, Allah subhanahu
wa-ta’ala who is al-Hakim (All Wise) al-Khabir (All Experienced)
and who is more knowledgeable about the human beings He created
than they themselves are about themselves, has ordained that a man is
allowed to marry whom he wills among women as long as he does
not bond in marriage under his care and responsibility more than four
women. And this is conditioned upon him dealing justly among them
the known justice specified by shari’a which includes overnight
stays and spending. If he does not have the ability and capacity to
deal with such justice, then he should suffice with one, as Allah
indicates in Surat al-Nisaa’ in ayah 3, which has a meaning that can
be translated as:

“… marry women of your choice, two, or three, or four; but if you
fear that you will not be able to deal justly (with them) then only
one…” (4:3)

And Allah’s shar’aa (Islamic law) is all just and wise, and He
ordains what He wills and does what He want and it is incumbent
upon as human beings to believe and have faith and submit and obey
and abide by the shari’a, otherwise then we are not Muslims nor
mu’mineen (believers). As Allah also said in Surat al-Nisaa’ ayah 65
a verse whose meaning can be translated as:

“But no, by your Lord, they can have no (real) faith until they make
you judge in all disputes between them, and find in their souls no
resistance against your decisions, but accept them with the fullest
conviction” (3:65)

and in Surat al-Ahzaab, ayah 36, a meaning that can be translated as:

“It is not fitting for a mu’min (believing man) or mu’mina (believing
woman) when a matter has been decided by Allah and His Messenger
to have any option about their decision: if anyone disobeys Allah and
His Apostle he is indeed strayed on a manifestly wrong path.” (33:36)

Furthermore, no evidence appears neither in the Qur’an nor sunnah
requiring the permission of the first wife if her husband wishes to
marry another wife, and therefore he is not required to ask her
permission. However, he needs to be judicious in taking this decision
and to weigh it carefully with respect to benefits and drawbacks and
to look with the eye of wisdom at all of the considerations pertaining
to the matter, and he should strive all he can to conciliate, reassure,
and satisfy his first wife, in order to ease and mitigate the effect of
the matter upon her.

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