DiscussWorldIssues - Socio-Economic Religion and Political Uncensored Debate - View Single Post - Rights of the first wife in Islamic Marital Contract

**Tapupah** · 12-02-2010, 07:06 AM

Salamu alaikum wr wb,
I was speaking to someone and they said that I cannot say that I'd rather not be married to a man who wants or plans on possibly taking a second wife. My understanding of polygamy according to Islam is that a man can have more than 1 wife, up to four, out of societal necessity (such as she has orphaned children who needs a father, or she needs a mans support, etc.) , not just out of sexual desire for more than one woman. Also, multiple marriages are not desired or recommended unless absolutely necessary. It is also my understanding that if a woman has foreseeable hardship that will negatively impact the 1st marriage if her husband takes a second wife, she has the right to ask him to agree in the marriage contract not to marry a second wife. Is this correct? Does she have this right?

I also checked various sources and they all said that she has the right to request that he agree not to take a wife after her for the duration of their marriage. The following is an excerpt from on of the sources:

(a) Polygyny

If a woman does not feel that she could allow her husband to marry more than one woman at the same time, then Islam allows her the right to refuse him permission to do this at the outset of their marriage, however, she must indicate this preference in the Prenuptial Agreement or she will forfeit this right under the Islamic Law. If she is uncertain as to whether or not she will be opposed to her husband marrying a second wife later on, then she could include that in the agreement and thus make it binding upon her husband that he must consult her at that time and that he must then abide by her wishes. To say nothing, however, could possibly invite more pain than gain as far as her desires are concerned.

In the West, polygamy (4) is illegal. Even so, the woman may still request that her husband not marry a second wife, and put this in the contract. This sort of request would be considered spurious in the Prenuptial Contract because men in the west are already forbidden polygyny. Nonetheless it might still prove to be a useful addition to the contract at this time because later on the couple might possibly move to a country where polygyny is legal.

Jazakallah for your answers.
Salam

a) What if a woman does not accept polygamy?

First of all, marriage in one of its phases is a legal contract between the wife and the husband. Both partners have the right to add any condition that they think it will help them to protect their future life. So, if a woman thinks polygamy is against her interest, then she has the full right to announce her objection during the marriage contract as a condition and a right for a valid contract or else it will be nullified. Based on that, the husband has to commit to that condition or he would have no right to keep her as a wife if she decides to get divorced and was approved by the Islamic court, especially if divorcing the husband is controlled by the wife.
And Allah knows best. http://www.islamology.com/Overview/W...in%20Islam.htm

Yeah, so basically if you don't want your husband to marry another wife then talk about it with him and write it in the contract. I have to say tho that some scholars say it is best not to prevent your husband from doing something halaal (that its makrouh) - but others say it's allowed. So if I get married I'm doing it!

In the West polygamy doesn't have to be legal bcuz the guy can have as many girlfriends as he wants. That way he fulfills his desire without having any sort of responsibilities added to the relationship.

Hope I helped!

12-02-2010, 07:06 AM	#2
Tapupah Join Date Oct 2005 Posts 474 Senior Member	Salamu alaikum wr wb, I was speaking to someone and they said that I cannot say that I'd rather not be married to a man who wants or plans on possibly taking a second wife. My understanding of polygamy according to Islam is that a man can have more than 1 wife, up to four, out of societal necessity (such as she has orphaned children who needs a father, or she needs a mans support, etc.) , not just out of sexual desire for more than one woman. Also, multiple marriages are not desired or recommended unless absolutely necessary. It is also my understanding that if a woman has foreseeable hardship that will negatively impact the 1st marriage if her husband takes a second wife, she has the right to ask him to agree in the marriage contract not to marry a second wife. Is this correct? Does she have this right? I also checked various sources and they all said that she has the right to request that he agree not to take a wife after her for the duration of their marriage. The following is an excerpt from on of the sources: (a) Polygyny If a woman does not feel that she could allow her husband to marry more than one woman at the same time, then Islam allows her the right to refuse him permission to do this at the outset of their marriage, however, she must indicate this preference in the Prenuptial Agreement or she will forfeit this right under the Islamic Law. If she is uncertain as to whether or not she will be opposed to her husband marrying a second wife later on, then she could include that in the agreement and thus make it binding upon her husband that he must consult her at that time and that he must then abide by her wishes. To say nothing, however, could possibly invite more pain than gain as far as her desires are concerned. In the West, polygamy (4) is illegal. Even so, the woman may still request that her husband not marry a second wife, and put this in the contract. This sort of request would be considered spurious in the Prenuptial Contract because men in the west are already forbidden polygyny. Nonetheless it might still prove to be a useful addition to the contract at this time because later on the couple might possibly move to a country where polygyny is legal. Jazakallah for your answers. Salam a) What if a woman does not accept polygamy? First of all, marriage in one of its phases is a legal contract between the wife and the husband. Both partners have the right to add any condition that they think it will help them to protect their future life. So, if a woman thinks polygamy is against her interest, then she has the full right to announce her objection during the marriage contract as a condition and a right for a valid contract or else it will be nullified. Based on that, the husband has to commit to that condition or he would have no right to keep her as a wife if she decides to get divorced and was approved by the Islamic court, especially if divorcing the husband is controlled by the wife. And Allah knows best. http://www.islamology.com/Overview/W...in%20Islam.htm Yeah, so basically if you don't want your husband to marry another wife then talk about it with him and write it in the contract. I have to say tho that some scholars say it is best not to prevent your husband from doing something halaal (that its makrouh) - but others say it's allowed. So if I get married I'm doing it! In the West polygamy doesn't have to be legal bcuz the guy can have as many girlfriends as he wants. That way he fulfills his desire without having any sort of responsibilities added to the relationship. Hope I helped!
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