Another Question on Permission of First Wife for Second Marriage
Title: Another Question on Permission of First Wife for Second Marriage Question/Comments: Does a man have to ask his wife's permission to have a second wife? Answer: The Shari`ah does not make it mandatory for a person to seek permission of his first wife for the second marriage. Although it is important to note that the Qur'an has mentioned second marriage under certain pressing social circumstances, which in my opinion, implies that one of the conditions in which second marriage is acceptable to Islam is that there should be a social justification for it (for details, please refer to my previous responses to similar questions) [1] . However, I would like to add here that even though the Shari`ah does not make it obligatory for a person to seek the permission of his first wife for his second marriage, yet in some Muslim states like Pakistan, it is a part of the Family Laws that a person can only get married a second time, if his first wife permits such marriage. Under these circumstances, it is important that the promulgated law be followed. Although in my personal capacity, I feel that the referred law is unnecessary and quite ineffective in achieving the results that were hoped to be achieved from it, yet till the time that the state does not repeal the law, we as Muslims citizens are obliged to abide by it, unless abiding by the law directly results in a disobedience toward or a disregard of a clear directive of the Shari`ah . 21 st August 1999 [1] According to my revised opinion, I think that this statement, and all the previous statements of the same implication, should actually be rephrased. It is not that Islam does not recognize or accept a second marriage which is without a "social justification", but that the Qur'an has referred to the practice of taking a second wife only under specific socio-moral circumstances. As far as the recognition or acceptance of a second marriage is concerned, Islam would recognize it for all such reasons, which are acceptable in the society in which the second marriage is taking place. (Moiz Amjad 22 nd May 2000)
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