Category: Marriage
Fatwa#: 24286
Asked Country: Kuwait

Answered Date: Feb 07,2013

Title: Is it injustice that I spend only one month a year with my second wife who is in another country?

Question

I Live in .... and i have one wife here,, my other wife lives in pakistan,, Generally i give only one month yearly to my wife in ....., and the rest of time i stay with my wife in ...... People say this is injustice, but my circumstances dont allow to bring both wives here in... and since I have only one month vacation yearly from my job.. I cannot go to pakistan for more than one month...

The reason of second marraige was my first wife behavior was worse with me and my parents. after my second marraige she became ok.

My 2nd wife behavior initially was good but for unknown reasons her behavior became worse now with me and my family.

I dont want to give my 2nd wife divorce,, but yes if she asks for divorce i will give her. doing this is it right??

in my scenario,,if i continue with the routine of one month to my 2nd wife and the rest to my 1st wife?? is this injustice...??

some people say this is cruelty(zulm) from my side,, is this zulm on 2nd wife???

Answer

In the Name of Allah, the Most Gracious, the Most Merciful

As-salāmu ʿalaykum wa-raḥmatullāhi wa-barakātuh

Allah Taʿālā says in the Holy Qurʾān:

«فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً» [النساء: 3]

If you fear that you will not mete out justice (between your wives) then you should (remain with only) one wife… [Surah al-Nisāʾ; V. 3]

Therefore, it is necessary that a man is certain that he would be able to mete out equality between his wives before taking a second, third or fourth wife. Equality means that he deals with his wives equally in the aspects of spending time and providing food, clothing and shelter.

However, if any wife relinquishes her right to equality and gives her husband permission to spend more time with her co-wife/wives, then it will not be necessary that he spends the same amount of time with her as he spends with his other wife/wives.

Therefore, in your case, if your second wife gives you permission to continue the routine of spending only one month a year with her, then it would not be considered injustice if you continue this routine of spending only one month a year with her.

However, if she does not give you permission to continue this routine and seeks her right to equal time, it will be compulsory for you to spend equal time with her.

As for the issue of divorcing your second wife, you should not do so if you are still inclined towards her and she is inclined towards you. Discuss with her to determine the reasons for her present behaviour with you and your family. It is not a good decision to consider divorcing her when you do not know the reasons for her misbehaviour. Just as you would try to solve the issues of your first wife, you should give equal considerations to the issues you are experiencing with your second wife and try to solve them.

 

And Allah Taʿālā Knows Best

Mahmood Patel
Student, Darul Iftaa
Azaadville, South Africa

Checked and Approved by
Mufti Ebrahim Desai

www.daruliftaa.net

 

 

 

Clarification

 

The Darul Iftaa has received queries regarding Mufti Ebrahim Desai Saheb’s teaching and affiliation with Madrassah In’aamiyya, Camperdown. The confusion is probably due to the previous Fatawaa and Google searches of Mufti Ebrahim Desai Saheb issued under the name of Darul Iftaa, Madrassah In’aamiyyah, Camperdown.

 

Mufti Ebrahim Desai Saheb has resigned from Madrassah In’aamiyya two years ago and has no affiliation with Madrassah In’aamiyya, Camperdown.

 

Mufti Saheb has established the Darul Iftaa in Durban that facilitates for post-Ulama courses and training Mufti’s. He teaches Hadeeth at Darul Uloom Nu’maniyyah.

 

Email: darululoomnumaniyyah@gmail.com or

arkhanar@telkomsa.net

 

 

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