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Her husband threatens to kill her if she refuses his marriage to a second wife

Question

I have recently came meet a family who are having problem with their son-in-law. They been married for about 3 years, the family of the girl been supporting them for their rent and etc in a monthly basis. However their problem start it after their son-in-law told them that he wants to get a second wife (he told his wife that he had sex with anther girl and now have to make this girl his second wife). When his wife ask for divisor, the husband now telling his wife that if she want divisor then he will kill his family and will kill her.......... They live in a country which the rule of law is very difficult to follow and if she do, she might loss her life. Now she can escape from him but this is very risky, please advise if she escape to another country then ask for diverse ? is it allowed ?, or what is the best solution for her in your view ?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, it should be mentioned that the husband is obliged to spend on his wife and to accommodate her as we clarified in Fatwa 92004.

Therefore, that wife has the right to ask her husband to fulfill this duty to her. But she has no right to prevent him from marrying a second wife or to ask for divorce because of this; for more benefit, please refer to Fataawa 82124 and 86132.

Moreover, it would become permissible for that man to marry that woman (with whom he committed adultery) after she repents to Allaah and makes sure that she is not pregnant from fornication/adultery provided that that man is able to be just between the first and the second wife.

However, if that woman does not repent, then according to the most preponderant opinion of the scholars  may  Allaah  have  mercy  upon  them it is not permissible for him to marry her, and his wife is permitted to ask for divorce if she fears to be harmed.

As regards him threatening his wife to kill her and kill her family if she asks for divorce, then this is a great evil, and by doing so, he rewards them evil for good.

In our view, the solution for that woman’s problem is to be wise and patient with her husband and not ask for divorce. As regards her running away, then this is not permissible. In addition to this, she would not fell safe if she runs away, especially since she admits that if she runs away this would be very dangerous for her. So how could she do that?

Allaah Knows best.

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