What is the Shar'i (Islamic legal) opinion regarding a husband bringing one of his wives without the other, due to his inability to bring them both together, knowing that the wife being brought stipulated to her husband before marriage that she would be with him wherever he travels, and that the other wife accuses him of injustice and lack of fairness?
If a woman stipulates to her husband at the time of marriage that he should not take her out of her country, and the husband accepts this condition, then the Hanbali school holds that it is valid, and she has the right to annul the marriage if he violates it. However, the majority of scholars consider this condition void.
The husband must be just between his two wives during travel. If he cannot travel with both of them together, he must compensate the resident wife for the period he spends with the traveling wife, or he can draw lots between them. The one whose lot is drawn travels with him, and he compensates the other. Otherwise, he would be unjust.
It is not permissible for the wife to ask her husband to favor her over his other wife, or to incite him to injustice, under the pretext of the aforementioned condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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