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:

Assalamualikum Brother,

i just need your assistance regarding my problem which i am unable to resolve since year now.

I know some one (the name i will not mention so i will call him AB) since year now, when i met him he was that time separated from his wife, but i swear on ALLAh that i never have any bad feeling for him, because i already know that he is married so for me its a sin to be get involved with a married man, but laterz wen i came to know about his problems that he is not happy or if i say that both of them are not happy with each others. infact i also came to know that ab`s family didnt like his wife since wen they got married so according to a boy they are not husband and wife till now(i hope u got my point)and now it will be seven years they are married.......till now they didnt done anythng which makes them husband and wife and his wife doesnt like any physical relation with him, this is because AB`S SISTER did some kind of black magic on his wife....may be you wont believe wat i m saying..but my brother this is all true.......

AB dont want to divorce her only because he dont want to put a stamp of divorce on her, they fight a lot every 2nd day.....and now I really want him to marry me because i want to give him all the happiness which he needed in his life but i also dont want him to divorce his wife. he also wanted to marry me now but he feels guilty for his wife. he is confuse.pls help me in solving this problem.what should he do.do he have a right to marry another in this condition? does he have a right to ask permission from his wife frist?

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Answer:

Marry second time

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: do he have a right to marry another in this condition?

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 3:

3 If ye fear that ye shall not be able to deal justly with the orphans marry women of your choice two or three or four; but if ye fear that ye shall not be able to deal justly (with them) then only one or (a captive) that your right hands possess. That will be more suitable to prevent you from doing injustice.

If the married person is absolutely confident that he will be able to do justice amongst this two wives (if he were to chose to marry you), there is absolutely no harm in his exercising his right to choose to marry more than once.

Your Question: does he have a right to ask permission from his wife frist?

There is absolutely nothing in Shariah Law which demands or requires a believer who wishes to exercise his right to marry for a second (or 3^rd, or 4^th) time that he must ask, tell, or take permission from his first (or prior) wives. If he wishes to inform them before his marriage, it is his choice; and if he wishes to inform them about his decision after his marriage, it is his choice entirely. There is absolutely no obligation upon the husband to take the permission of his first wife before the marriage.

But when taking on the second wife, it is an absolutely requirement in Shariah that the woman he is about to marry knows that her husband is already married.

Beloved Sister in Islam, under absolutely no circumstances should you, who wishes to marry a man who has a prior wife, ever ask or demand or even imply that the person should divorce his first wife….for that then would not be piety and righteousness in the Sight of Allah Subhanah.

Sahih Al-Bukhari Hadith 8.598 Narrated by Abu Huraira

Allah's Messenger (saws) said, "No woman should ask for the divorce of her sister (Muslim) so as to take her place, but she should marry the man (without compelling him to divorce his other wife), for she will have nothing but what Allah has written for her."

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