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Question

Please tell me the procedures for a man to take a second wife and does he need the consent of the first wife? Can I put in my marriage contract that my husband to be, can only take a second wife with my permission?

Answer

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

Islam has made lawful for the man to marry up to four wives if he does not fear being unjust in dealing with them. In this case, the man does in his second marriage what he has done in the first and he does not need the consent of his first wife. But he must deal justly with them regarding expenditure and time allotted to each of them.

Some women want to stipulate in the marriage contract that the man must not marry a second wife and his doing so allows the wife the choice to stay with him or to go to the judge to ask him to invalidate the contract of marriage. The scholars have different opinions regarding this condition. Some scholars consider such a condition null and void because it is a condition that forbids something that is lawful and the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “Muslims are bound to their conditions with the exception of the condition that makes something lawful which is unlawful or forbids that which is lawful.
Other scholars consider this stipulation binding and believe that the husband has to fulfill it or the wife has the choice (to invalidate the marriage and ask for divorce). They cite as evidence the Hadeeth that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “The conditions that are the worthiest to be fulfilled are the ones that made the sexual parts of your wives lawful to you.

This is the view of the Hanbali School of jurisprudence. It is also the choice of Ibn Taymiyyah  may  Allaah  have  mercy  upon  him who mentioned that it is the view of the School of jurisprudence of Imam Maalik  may  Allaah  have  mercy  upon  him.

For more benefit that a husband does not need the permission of his first wife to take a second wife, please refer to Fataawa 121947, 82988, and 82068.

Allah knows best.

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