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The question

1. What is the ruling of Islamic law concerning a marriage contract that was based on the husband's assertion that he had divorced his first wife, but the second wife later discovered that he had not divorced her? Is this contract considered void, and is the wife entitled to demand a new marriage contract? 2. Is the husband held accountable for his inability to be just in allocating time, providing maintenance, and arranging housing between his two wives, given his prior knowledge of his inability to do so, especially since the first wife does not wish to live with him in the same country and demands justice from him? 3. Is the husband held accountable for not meeting all the demands of his first wife and her daughter, despite her demanding half of his income, while she has her own income and works, and the husband has financial obligations towards his parents and extended family? 4. Is the first wife entitled to demand a separate residence of the same value as the current marital home, knowing that the husband had gifted another house to her daughter before his second marriage, and did not gift anything to his male children from the second wife? 5. Is the wife held accountable for refusing to undergo a tubal ligation procedure to prevent pregnancy after the third child, based on her belief that it leads to permanent infertility and alters Allah's creation, despite the existence of other safer methods, and her husband accusing her of disobedience, and cursing and insulting her?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The marriage contract is valid, and its validity is not affected by noting that he is unmarried or divorced. As for justice between wives, the husband is not obligated to be just in spending nights if the second wife refuses to come to him or for him to reside with her. He is only obligated to be just in the obligatory maintenance, and it is commendable to be just in what exceeds that. The husband must spend on his wife and provide her with suitable housing. He is not obligated to buy or rent a dwelling similar to his own. He must also spend on his daughter in a reasonable manner. The husband is not permitted to order his wife to undergo a sterilization procedure, and she is not permitted to obey him in that.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
77079
Imported
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