To what extent is it lawful for a wife to demand a separate house and maintenance through the court, while preventing her husband from approaching the house and seeing his children except by sending them to him, after she left the marital home upon his informing her of his marriage to a second wife, and what is the legitimate and legal reality of this situation?
Polygyny is permissible with its Sharia-compliant regulations. It does not allow the first wife to seek divorce as long as she is not harmed, due to the Prophet's (peace be upon him) saying: "Any woman who asks her husband for divorce without any [valid] reason, the scent of Paradise will be forbidden to her."
It is not permissible for her to leave her husband's house without his permission. In this case, she is considered disobedient (nashiz), and she has no right to maintenance or housing, unless she is pregnant, in which case she is entitled to maintenance and housing until she delivers her child.
The husband retains all his rights as long as the wife is under his marital bond. Therefore, it is not permissible to stipulate that he should not approach her residence or not see his children.
In case of dispute over the amount of maintenance, the matter is referred to the Sharia court to determine it according to the husband's financial situation.
It is not permissible for the wife's family to abuse the husband or his second wife, as this constitutes harming a Muslim without just cause, due to the Prophet's (peace be upon him) saying: "O you who have embraced Islam with your tongues but faith has not entered your hearts: do not harm Muslims, nor shame them, nor pry into their faults."
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- Ftawy
- Original fatwa ID
- 111366
- Imported
- Translation status
- Source text, unreviewed
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