Is the wife entitled to claim compensation for herself and her children for the period her husband spent abroad marrying another woman?
A man does not have to make up any time for his first wife if he travels and does not marry, or if he marries but does not consummate the marriage with his new wife.
If a man marries a second wife, he is not required to make up for his first wife the period he stays with the new wife – seven days for a virgin and three for a non-virgin. This is based on what was narrated from Anas (may Allah be pleased with him), who said: "It is from the that if a man marries a virgin while already married to a non-virgin, he stays with her (the virgin) for seven days, and then he divides his time (equally). And if he marries a non-virgin while already married to a virgin, he stays with her (the non-virgin) for three days, and then he divides his time."
However, if he extends his stay beyond the specified period, or if the non-virgin stays for seven days, he must make up that extra time for his other wives. He must also make up the entire period of his absence if he travels with one of them without drawing lots or without their consent.
Therefore, there is no making up required of the husband for the period he stayed before marriage or after it if he did not consummate the marriage with the new wife. But if he did consummate the marriage with her, he does not have to make up the seven days for the virgin or the three for the non-virgin; however, he must make up any time beyond that.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 29518
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy