THE FIQH DEPARTMENT

In the Name of Allah, The Most Beneficent, The Most Merciful.
Although every Fiqh opinion is based on evidence, often times, the scholars differ in their views. This room for differences is a mercy from Allah, and as long as there is evidence to support an opinion, then we must respect scholars' views, even if we may not always agree.
The Prophet (SAW) said:
"Whoever performs Ijtihad and errs will receive one reward. Whoever performs Ijtihad and arrives at the correct answer gets double the reward"
(Bukhari) 
Asking for Divorce Due to Need PDF Print E-mail
Fiqh: Islamic Jurisprudence - Marriage
Written by Abdullah ibn Abdur-Rahman Al-Jibreen   

Question: My husband wants to marry a second wife and informed me of that. I refused. My reasoning was that he is not in need of that since I have given him children and fulfill his rights. So I said to him, "In that case, divorce me." Am I in the right?

Response: You do not have the right to prevent him from marrying again no matter what your actions are toward him. He may desire more children or he may feel that having only one wife does not keep him completely chaste. In any case, the wife does not have the right to keep him from marrying another. However, if she fears that she will treat the other wife unfairly or she believes that she will not be able to live with a co-wife, then she may seek divorce due to that need. It is not allowed to seek a divorce without the presence of a necessity.

Shaikh ibn Jibreen

Islamic Fatawa Regarding Women - Darussalam Pg.223

 


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