Is it permissible to waive the wife's legal and legitimate rights if she fails to adhere to the agreement made between the spouses, and does her right to the division of property lapse even if the husband continues to provide for her from another country?
The agreement between spouses does not negate the wife's legitimate rights as long as she is not disobedient (nashiz). If you marry another woman, you are not permitted to withhold her right to maintenance and equitable division (qasm) unless she consents, and she has the right to retract that consent. It is the wife's right that her husband not be absent from her for more than six months without a valid excuse. Justice in division (qasm) is obligatory between wives, whether they are in the same country or different countries. If the two wives are in two different countries, you must be just between them either by going to the absent one during her days or by having her come to you. If she refuses to come, her right is forfeited due to her disobedience (nushuz). However, if an equitable division is preferred between them in their respective countries, the duration must be specified, such as a month here and a month there, depending on the proximity or distance between the two countries. We advise you to treat your wife kindly, communicate with her, and be patient with her, especially if she is a religious woman, and to overlook her slips and appreciate the good aspects of her character.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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