Is the consent of the first wife required for a second marriage, and is it permissible to divorcé a wife ostensibly to obtain a certificate allowing marriage in a country that prohibits polygamy, with the intention of remaining married to her?
The husband's marriage to a second wife does not require the first wife's knowledge or consent. Rather, it requires justice between the wives, as Almighty Allah says: "Marry such women as seem good to you, two, three, or four; but if you fear that you will not be able to deal justly [with them], then only one."
If a man marries a second wife, he must be just between both wives, even if they are in different countries. If the husband fears he will not be able to achieve justice, then polygyny is not permissible for him.
As for a fictitious divorce, by writing down the divorce without uttering it, it is one of the stronger implied forms of divorce. However, it should be avoided if possible, due to the strong disagreement among jurists regarding it.
In conclusion, if a man can marry a second wife and is able to deal justly between them, then let him do so. Otherwise, let him end his relationship with her, fear Allah, be patient, and strive to gather his family or return to them. Perhaps Allah will bless his provision.
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