Can A Woman Put A Restriction On Her Husband Taking A Second Wife?
By Kaniz Fatma, New Age Islam
6 May 2023
Main Points:
1.
Islam
neither demands nor forbids this kind of restriction.
2.
There
are two opinions among the Muslim Ulama regarding this kind of restriction.
3.
Modern
scholars and Ulama hold the view that such criteria may be set at the time of
the marriage contract.
-----
Can a woman put a restriction on her husband taking a second
wife after they get married during the Nikah ceremony? The question is whether
it is permissible or impermissible for the husband to be barred from remarrying
in accordance with the rules of the marriage.
It is a fact that a woman is abused by someone who takes
advantage of her physical weakness and inactivity. When a second marriage is
performed in the presence of one wife, for example, there are situations when
the justice requirements of Islamic teachings are not observed. As a result,
some women are willing to marry as long as the husband makes a promise to avoid
getting remarried in their presence. The Islamic Sharia does not command
or forbid this condition in any way.
The question now is whether or not any such condition that
is not mandated by the Shariat in marriage and is not in violation of the rules
of the Shariat, but if it is in the best interests of one party, will such a
condition be valid? Is it valid for a woman to place a bet, among other things,
that her husband won't remarry while she is present as his wife, and keep her
in her hometown?
Hazrat Ali, Imam Azam Abu Hanifa, Imam Malik, and Imam Shafi'i
hold the opinion that such conditions are invalid and that it is improper to
accept and impose them during the marriage. A marriage performed under such
terms, however, will be solemnised and valid, and the conditions will be null
and void. That is, these requirements do not have to be met. (Musannaf Ibn Abi
Shayba 4/200, Bidaayat al-Mujtahid 2/59, Sharh Muhazzab, 16/250)
Another viewpoint holds that these conditions are legitimate
and that the husband must fulfil them. This is the viewpoint of Imam Ahmad Ibn
Hanbal, Imam Bukhari, Imam Abu Dawud, Imam Amr bin Al-Aas, Imam Abdullah bin
Umar, and Imam Abdullah Ibn Masud. Even yet, if a woman made it a condition of
her marriage that her husband would divorce his first wife, this condition
would be void and unnecessary to fulfil, according to the proponents of this
viewpoint. The verse below is cited by the supporters of this viewpoint to
support their view:
“O those who believe, fulfil the contracts” (5:1)
A hadith states that of all the stipulations, the one
that makes a male and female relationship permissible is the one that needs to
be satisfied the most. This shows that, out of all the stipulations, the
stipulation of marriage deserves to be met the most. (The hadith can be
seen in Sahih Bukhari, Kitab al-Nikah, Hadith 5151)
Modern Ulama and scholars have preferred the second point of
view in the context of the contemporary situation. Therefore, it is necessary
to fulfil any conditions that are put in place by both parties to the marriage
contract, even if the Sharia hasn't made them mandatory or forbidden
them. Accordingly, if a woman marries a man on the condition that he does not
remarry while she is present as his wife, and if the husband accepts this
condition, then the husband must abide by it. This is necessary for the
promises to be kept as per Islamic law. The wife will have the right to apply
for a court-ordered annulment of the marriage and a reasonable justification
for separation if the husband disobeys this promise.
-----
Kaniz Fatma is a classic Islamic scholar
and a regular columnist for New Age Islam.
URL: https://newageislam.com/islam-women-feminism/woman-restriction-husband-second-wife/d/129712
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