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Taking second wife without informing first wife is not cheating

Question

Some people say that getting married more than once without letting the first wife know is not permissible because this is considered cheating (on her), and the Messenger of Allaah, sallallaahu 'alayhi wa sallam, said, “Whoever cheats does not belong to me.” Narrated by Muslim (102). Is this claim with the aforementioned evidence acceptable?

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.

This statement is incorrect. Allaah, The Exalted, allowed the man to marry more than once and did not stipulate the condition that the husband must inform his first wife or seek her permission. However, if the man did so, it would be better. Allaah stipulated one single condition on the man, which is that he treats all of his wives equally.

Allaah, The Exalted, says (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of (other) women, two or three or four. But if you fear that you will not be just, then (marry only) one or those your right hand possesses. That is more suitable that you may not incline (to injustice).} [Quran 4:3] Since informing the first wife is not a condition, then not informing her is not considered cheating. Please refer to fataawa 86395, 84411 and 82068.

If the wife stipulated before the marriage contract is signed that the husband does not take another wife with her and he accepted this condition, then he is obliged to abide by it according to the preponderant view of the scholars. For more information, please refer to fatwa 129977 about stipulating conditions in the marriage contract.

Allaah knows best.

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