What is the ruling on a man who wants to marry another woman, and the first wife becomes angry and goes to her family? What is the Sharia-compliant action for the wife's family toward the husband?
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The questioner : Abu Abd al-Rahman, there is a question, even if it takes a long time with you.
The Shaykh: Go ahead.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : A woman whose husband wants to marry another woman, and this problem is currently ongoing. The woman has six children; she took the children and placed them at her husband's family home, and kept a small baby who is two months old in order to breastfeed her. So now, the dispute is ongoing between the wife's family and the husband's family regarding the fact that he wants to marry another woman. Naturally, he wants to marry someone from outside Jordan. The man left, and until now he has not returned, meaning he has not brought his wife back. Shaykh, what is the Sharia-compliant action for the wife's family toward the husband? What do they do according to the Sharia, or what are they permitted by the Sharia to do?
The Shaykh : They are not permitted to do anything.
The questioner: Yes.
The Shaykh : Except if their daughter is...
The questioner: Yes.
The Shaykh : The wife of the man who wants to marry another woman.
The questioner: Yes.
The Shaykh : And she is neglecting some of her rights, then they have no right except to demand these rights from him for her.
The questioner: Yes.
The Shaykh : As for preventing him from marrying a second woman...
The questioner: Yes.
The Shaykh : Or even a third and fourth, this is forbidden, injustice, and transgression, and it is not permissible in Islam.
The questioner : Yes, regarding the placement of the children in itself, is this an action that is permissible for the woman, because it is the woman herself who did this matter, the mother?
The Shaykh : This is if it was without the permission of her husband.
The questioner: Yes.
The Shaykh : Then it is also transgression on her part against him.
The questioner: Yes.
The Shaykh : And if it was by agreement between him and her.
The questioner: Yes.
The Shaykh : Then there is no harm in that.
The questioner : I mean, Shaykh, is the mother obligated by the Sharia now to raise her children?
The Shaykh: No.
The questioner : She is not obligated.
The Shaykh : And that is why I am telling you.
The questioner: Yes.
The Shaykh : If it is an action by the wife without the husband's permission.
The questioner: Yes.
The Shaykh : Then this is transgression on her part, and if it is by agreement between her and him, then everything by mutual consent is permissible.
The questioner : He, Abu Abd al-Rahman, the father naturally did not agree to the placement of the children.
The Shaykh : My brother, you did not mention the original topic at all.
The questioner: Yes.
The Shaykh : Did the man, I mean, leave the wife and leave the children without maintenance, without anything?
The questioner : No, Shaykh, with maintenance.
The Shaykh : Then.
The questioner : He placed maintenance with them, but the mother does not want this action.
The Shaykh : What action?
The questioner : That her husband marries another woman.
The Shaykh : And is this her right?
The questioner : Naturally, it is not her right, Shaykh.
The Shaykh : Then, may Allah bless you, she is a transgressor, she is an aggressor, but do not forget.
The questioner: Yes.
The Shaykh : Your discussion was about the children and their staying with their grandfather.
The questioner: Yes.
The Shaykh : Was this by agreement between the spouses?
The questioner : Shaykh, there is no agreement.
The Shaykh : Then who brought the children to the grandfather?
The questioner : The mother.
The Shaykh : Fine, this is the completion of her transgression.
The questioner : Abu Abd al-Rahman, be patient with me a little. Regarding the mother, if it is her right not to keep the children with her, is it her right to place them at the house of, I mean, her husband? Is this her right to do this action?
The Shaykh : My brother, was she divorced?
The questioner : No, Shaykh.
The Shaykh : Yes, this statement is not correct, may Allah bless you.
The questioner: Yes.
The Shaykh : To place them here or there, this is said if she is divorced.
The questioner : Yes, if she is divorced, she has the choice in that.
The Shaykh : Ah.
The questioner : But as long as she is in the bond of her husband.
The Shaykh : That is it, she must remain in the husband's house, she and her children.
The questioner : This is the point, Shaykh, that is now, I mean.
The Shaykh : Clarified, if Allah wills.
The questioner : Clarified, if Allah wills. May Allah reward you with good, Abu Abd al-Rahman.
The Shaykh : And may Allah protect you, if Allah wills.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh: Go ahead.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : A woman whose husband wants to marry another woman, and this problem is currently ongoing. The woman has six children; she took the children and placed them at her husband's family home, and kept a small baby who is two months old in order to breastfeed her. So now, the dispute is ongoing between the wife's family and the husband's family regarding the fact that he wants to marry another woman. Naturally, he wants to marry someone from outside Jordan. The man left, and until now he has not returned, meaning he has not brought his wife back. Shaykh, what is the Sharia-compliant action for the wife's family toward the husband? What do they do according to the Sharia, or what are they permitted by the Sharia to do?
The Shaykh : They are not permitted to do anything.
The questioner: Yes.
The Shaykh : Except if their daughter is...
The questioner: Yes.
The Shaykh : The wife of the man who wants to marry another woman.
The questioner: Yes.
The Shaykh : And she is neglecting some of her rights, then they have no right except to demand these rights from him for her.
The questioner: Yes.
The Shaykh : As for preventing him from marrying a second woman...
The questioner: Yes.
The Shaykh : Or even a third and fourth, this is forbidden, injustice, and transgression, and it is not permissible in Islam.
The questioner : Yes, regarding the placement of the children in itself, is this an action that is permissible for the woman, because it is the woman herself who did this matter, the mother?
The Shaykh : This is if it was without the permission of her husband.
The questioner: Yes.
The Shaykh : Then it is also transgression on her part against him.
The questioner: Yes.
The Shaykh : And if it was by agreement between him and her.
The questioner: Yes.
The Shaykh : Then there is no harm in that.
The questioner : I mean, Shaykh, is the mother obligated by the Sharia now to raise her children?
The Shaykh: No.
The questioner : She is not obligated.
The Shaykh : And that is why I am telling you.
The questioner: Yes.
The Shaykh : If it is an action by the wife without the husband's permission.
The questioner: Yes.
The Shaykh : Then this is transgression on her part, and if it is by agreement between her and him, then everything by mutual consent is permissible.
The questioner : He, Abu Abd al-Rahman, the father naturally did not agree to the placement of the children.
The Shaykh : My brother, you did not mention the original topic at all.
The questioner: Yes.
The Shaykh : Did the man, I mean, leave the wife and leave the children without maintenance, without anything?
The questioner : No, Shaykh, with maintenance.
The Shaykh : Then.
The questioner : He placed maintenance with them, but the mother does not want this action.
The Shaykh : What action?
The questioner : That her husband marries another woman.
The Shaykh : And is this her right?
The questioner : Naturally, it is not her right, Shaykh.
The Shaykh : Then, may Allah bless you, she is a transgressor, she is an aggressor, but do not forget.
The questioner: Yes.
The Shaykh : Your discussion was about the children and their staying with their grandfather.
The questioner: Yes.
The Shaykh : Was this by agreement between the spouses?
The questioner : Shaykh, there is no agreement.
The Shaykh : Then who brought the children to the grandfather?
The questioner : The mother.
The Shaykh : Fine, this is the completion of her transgression.
The questioner : Abu Abd al-Rahman, be patient with me a little. Regarding the mother, if it is her right not to keep the children with her, is it her right to place them at the house of, I mean, her husband? Is this her right to do this action?
The Shaykh : My brother, was she divorced?
The questioner : No, Shaykh.
The Shaykh : Yes, this statement is not correct, may Allah bless you.
The questioner: Yes.
The Shaykh : To place them here or there, this is said if she is divorced.
The questioner : Yes, if she is divorced, she has the choice in that.
The Shaykh : Ah.
The questioner : But as long as she is in the bond of her husband.
The Shaykh : That is it, she must remain in the husband's house, she and her children.
The questioner : This is the point, Shaykh, that is now, I mean.
The Shaykh : Clarified, if Allah wills.
The questioner : Clarified, if Allah wills. May Allah reward you with good, Abu Abd al-Rahman.
The Shaykh : And may Allah protect you, if Allah wills.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.