What is the ruling regarding a man who, before marrying his second wife, agreed with her to be just and fair in terms of overnight stays and procreation, but then reneged on his agreement after consummating the marriage, insisting on depriving her of these rights, and giving her the choice between accepting this situation or divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the husband consummated the marriage with his wife with the intention of fulfilling her rights, but then realized his inability to do so, he may give her the choice between remaining with him while waiving some of her rights, or divorce. This is permissible if the divorce is due to a need. However, if he consummated the marriage with her while intending not to fulfill her rights without informing her, this is impermissible deception. In both cases, if he divorces her, she is entitled to all the rights of a divorced woman, including maintenance and lodging during the (waiting period).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 155803
- 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