Questioner:
May Allaah be good to you o esteemed shaykh. This questioner says, What is the ruling on the divorce request of a wife due to the marriage of her husband to another wife?
Shaykh ‘Arafaat bn Hasan al-Muhammadi:
It is not lawful for a woman to request divorce because her husband got married to another woman. Because this is from his rights that Allāh has made for him.
And Allāh has stipulated that in his book. Allāh says:
“So marry women of your choice, two or three, or four…”¹
And you are a Muslimah and your Husband is a Muslim. And you read the Qur’ān. And you got married to a Muslim whilst knowing that Allāh made Polygyny permissible for him.
Don’t you believe in what was recorded in the Book of Allāh? Don’t you think of the Wives of the Prophet (may Allāh exalt his mention and grant him peace) and the Female companions? How the prophet practiced polygyny.
And the Companions practiced polygyny.
And the Imāms practiced polygyny.
And the Scholars practiced polygyny.
So how can you ask for divorce?! Ask your husband to be just between you and your partners. To be just and give everyone their rights with regards to shelter, clothing, drinking, feeding and likewise spending the night. Because these are all rights.
There is no hindrance in asking for your rights. But it is not permissible for you to demand divorce.
It is Prohibited for a woman of Jannah (i.e a Woman who desires Jannah), to ask her Husband for divorce without a valid reason.
The fragrance of Jannah has been prohibited for any woman that asks her husband for divorce without any valid reason as it was reported in an authentic narration collected by Abū Dāwud, at-Tirmidhee and Ibn Mājah.
And it was reported in some narrations that, If a woman requests for a divorce (without any valid reasons), she won’t percieve the fragrance of Jannah.
And it was reported that the Mukhtali’āt (Seekers of Divorce without reasons) are the Munāfiqāt (Hypocrites).
Hence, it is obligatory upon the woman to fear Allāh with respect to herself, her husband, her children and her home.
She should pay very close attention to enjoining her husband with justice. And she should tell him that, We ask Allaah to give you success, -this is your right- however, its upon you to be just between your wives. And she should assist him upon that justice and pray for him that Allāh should connect the hearts and rectify the home whether with two, three or four wives -with what Allaah has permitted for him-.
And it is upon the woman to overcome her desires and abandon her retaliation. Because a woman does not perform these actions except due to desires. Because she wants to please herself. Because she does not want to share her husband (with someone else). This is not Permissible!
It is not permissible for you to hurt this man. With a word or statement or action because he did what is permissible for him. Allāh Permitted It! And you are a Muslimah!
As long as you are a Muslimah… Therefore, why did you marry while you know that he’s a Muslim and he can marry and and polygyny is permissible for him?!
It is not Lawful for a woman who believes in Allāh and the Last day, to do this.
Rather, its upon her to Pray for herself, her husband, her children, that this home should be a home having steadfastness, Ṣalaah and practicing of the Sunnah. And she should also pray for her husband that Allāh should give him the strength and ability to be just between his wives.
We ask Allāh to grant everyone success. We ask Allāh to grant everyone success.
1. (an-Nisā’ : 3)
