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A Saudi national asks for her Philippino daughter's hand

Question

assalamu alaikum! I have a daughter engaged to a saudia national but before they can get married he got married to an arab woman liked by his father. He still wants to marry my daughter but my daughter doesn't want to become a second wife. My daughter is in another saudi province while his fiancee is in madinah. We are filipino muslim. My question is (1) if we approved of the second marriage how can we be sure that my daughter will not be the aggrieved party? (2) Why is it required for an arab national to ask first the permission to marry a foreigner from the king so the marriage will be considered legal in saudi society? (3) what if the husband of my daughter( in case they marry before the permit ) or will not get the permit, will my daughter's marriage to him be illegal that they or she might be arrested if they are seen together? (4) if they get married and my daughter is in another place, how will the husband divide his time to give both wives equal treatment? (5) if they get married here in the philippines in shariah rites will it not be considered legal and binding both here and in saudi? I need to know, this is the dilemma of a mother wishing the best for her daughter. Insha Allah I will be guided by the answers.

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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

There are some conditions for a marriage contract to be valid, and if these conditions are met, the marriage contract is valid; these conditions are mentioned in Fatwa 83629.

The guardian of the woman should choose a pious and righteous man for his daughter, as such a man will most likely not wrong his wife. If a husband has two wives, he is obliged to be just between them even if they are in two different countries; this is the most preponderant opinion of the scholars  may  Allaah  have  mercy  upon  them among whom is Ibn Qudaamah. He should be just between them according to his ability, like a week for each, or a month for each and so forth; this is in general. For more benefit, please refer to Fataawa 85002 and 81469.

As regards the law of the country which you mentioned, and the consequences which one could face if he fails to abide by them, then this is a matter in which we do not indulge, rather this question should be asked to the persons concerned in that country who may be able to help you.

With regard to the marriage of your daughter to this man in the situation mentioned, we think that she should not marry him, as she might face some harm and difficulties, and it is better to be on the safe side, this is besides the fact that, she is not pleased to be a second wife.

Allaah Knows best.

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