What is the ruling on a man who has been contemplating divorcing his wife for some time, and has met another woman whom he has not informed of his marriage, knowing that she would not accept him if he were married? Is his marriage to the second woman invalid if it is based on his not informing her of his first marriage, especially if he fears she might stipulate the divorce of the first wife?

The questioner erred by engaging in an illicit relationship with the girl he wishes to marry, as he took an unlawful path. He should have proposed to her through her family, in addition to concealing his family situation from her. He must resolve his problems with his first wife before considering marrying another, for Allah Almighty says: (then a graceful release [Al-Baqarah/229]).

It is not permissible for a woman to stipulate that a man divorce his first wife, as the Prophet (peace be upon him) said: (It is not lawful for a woman to ask for the divorce of her sister [in Islam] so that she may empty her plate, for she will only have what has been decreed for her) Narrated by Al-Bukhari (4857) and Muslim (1413). This condition is void and does not necessitate implementation, but it does not invalidate the second marriage contract.

The questioner is advised to mend his relationship with his wife and not resort to divorce unless reconciliation becomes impossible. If he wishes to marry another after that, there is no sin upon him, provided he has the ability and can be just. If reconciliation with his first wife proves impossible, then he should release her gracefully, and then seek another righteous wife. The matter with the aforementioned girl should be through her family, with an emphasis on the impermissibility of maintaining a forbidden relationship with her, and that he should not propose to her until she is aware of his situation.