Is it permissible to marry a second wife—while retaining the first wife who is barren—and is this permissible despite the first wife's condition of divorce if he marries another, and the impermissibility of having two wives in America, knowing that the two wives will reside in different countries?
The preponderant opinion is that it is permissible for a woman to stipulate in the marriage contract that her husband not marry another woman. This condition is valid and binding, even if not written. If the husband marries another woman despite his wife having stipulated this, she has the legal right to seek a divorce. If he wishes to marry another, he must inform his wife. If she agrees, there is no harm. It is permissible for the two wives to live in different countries, provided there is justice between them, unless one of them waives her right. If the wife refuses to waive her condition, he must either divorce her or abandon the idea of marrying another.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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