Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamu aleikum. I have recently discovered Your site, and its wonderful, MaashAllah.May Allah(SWT) give You all strenght to carry on,Amiin.

My question is: I have got married to a wonderful brother, who follows the Quran and Sunnah as his guidelines in his life and in our marriage, Alhamdulillaah. When we first got married, he did inform me, that later on he might consider to get married again,so I knew about that and accepted, because as a Muminah, I understand and fully accept what Allah(SWT) has made Halal, no man can make Haram.But my husband said, that he`s second wife would be from his own country, not from where we live now,in Europe.And he would not bring her here,she would stay in her country and he would stay with her only 1-2 months in a year, the rest of time with me. The second wife would get informed all of these things; about me, the first wife and about the fact that she would have the change to be with him only those 1-2 months. My question finally is; if she accept these rules, would my husband be sinning, since the conditions to take another wife is that man has to spend on them equally and spend time with them equally?Or by knowing all the facts beforehand and her accepting the rules of her nikah, it would be ok with my husband to marry her and no sin to him by not deviding his time equally? I am sorry for the long question, but I want his future second nikah be a blessing , for him and his second wife, my sister in Islam.

I wish a quiqk answer, jazakallaahu khairan, may Allah bless You. 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Second wife relinquish equality

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

My question finally is; if she accept these rules, would my husband be sinning, since the conditions to take another wife is that man has to spend on them equally and spend time with them equally?

Provided the husband who wishes to exercise the option of taking a second wife informs and makes absolutely clear to the woman before he marries her that he will not be able to spend equal time or funds on her, and the woman of her own free will agrees to the conditions and relinquishes her lawful right, there is absolutely no harm in such a marriage, nor would it be considered a sin upon the man or the woman.

There is room in Shariah for either the man or the woman who wish to marry each other to, of their own free will and choice, relinquish their lawful rights in marriage, if for any reason they wish or choose to do so.

For example, a woman who wishes to marry a man of her choice, she is well within her rights to make a concession or relinquish her lawful rights that he need not spend equally on her or spend equal time with her. If both parties agree to the condition, there is absolutely no harm and no sin on either party in such a marriage.

Similarly, Islam has laid the trust of the ties of marriage in the hands of the man. If for some reason the woman demands that she will only marry the man if he relinquishes his lawful right of declaring divorce in her hands, there is absolutely no harm if the man accedes to the demand and transfers the divorce rights to her in order to marry the woman.

Thus in conclusion, there is absolutely no harm and no sin on either the man or the woman who intend to marry each other, agree of their own free will to relinquish all or some of their lawful rights in marriage; provided there is an agreement between the two parties before the ‘nikaah’.

But it would indeed constitute a grave sin in the Sight of Allah if one promises to fulfill all the due rights in an Islamic marriage, and after marriage does not fulfill the rights due to their spouse. Such a person will be held responsible and severely accountable for unjustly and unlawfully usurping the just rights of their spouse on the Day of Judgment.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan