Fatwa: # 18691
Category: Divorce
Country: South Africa
Date: 26th May 2010

Title

i want to ask if one girls marryed & have 4 children her husband has married second one without knowing any one the second girl is own ...

Question

 

i want to ask if one girls marryed & have 4 children her husband has married second one  without knowing any one the second girl is own cousin  uncle daughter  but the parent dont know about them  but after ward we came to know  they married  so  the witness  frm the groom side no wakil frm ladies(second bride) without knowing the parent or any one  is this is marrieg is valid & how to take khula or talak frm him can u give some suggestion to us waiting for your reply

Answer

 

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

At the outset, it should be understood, that to marry a second wife is the right of the husband as long as he is able to maintain equality between his wives. Therefore, it will be incorrect to for the first wife to ask for khulah or talāq based only on the second marriage. Also, you have mentioned that the first wife has four children with the husband. The children should also be considered by both of the parents before making a decision. 

If the first wife still has a reason that is regarded as valid according to sharī῾ah for separation from her husband, then she may ask to separate from him. In order for talāq to take place, the husband can be requested to issue a shar῾ī talāq which will remove the wife from his nikāh. As for khul῾ah, the wife may offer to return the mehr in lieu of the husband releasing her form his nikāh. If the khul῾ah is accepted by the husband, it will result in a talāq-e-bāin.

(Fatāwā Mahmūdiyah, Vol. 13, Pg. 341-342)
(Radh al-Muhtār, Vol. 3, Pg. 439- 444)[1]

 

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum

 

Ml. Sajid bin Shabbir,
Student Dārul Iftā

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā



[1]    هو إزالة ملك النكاح المتوقفة على قبولها بلفظ الخلع أو ما في معناه ولا بأس به عند الحاجة بما يصلح للمهر ( و ) حكمه أن ( الواقع به ) ولو بلا مال ( وبالطلاق ) الصريح ( على مال طلاق بائن ).
(رد المحتار، كتاب الطلاق، باب الخلع) 
 

 

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