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:

Dear scholars, Assalamwalekum, I want to know if a husband is not sexually/physically satisfied with his wife and the wife doesn`t permit him to marry any other woman, can he divorce his wife in such situation where he feels that he will fall in zina/illegal sexual relation with any other woman? 

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Answer:

Divorce wife to marry again

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.

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

The one and only condition Allah Subhanah has laid upon the believers who wish to exercise their lawful option of marrying more than one wife is that they are absolutely just amongst their wives in the distribution of their time and their resources amongst them. There is absolutely nothing in the Quran nor in the authentic and established Sunnah which stipulates or puts a condition that a believer needs the prior permission or consent of his first wife before he marries for a second time.

Beloved brother in Islam, you are well within your rights to exercise the option of marrying more than one wife, if indeed you wish and choose to do so….and you definitely do not need to seek the permission or consent of your first wife to do so.

Your Question: ….can he divorce his wife in such situation where he feels that he will fall in zina/illegal sexual relation with any other woman? 

If one is not physically/sexually satisfied with one’s wife for any reason, and fears one might fall into illegal sexual intercourse….. one has the following lawful options in Islam:

1. Keep the first wife, fear Allah, and patiently bear the condition.
2. Keep the first wife and marry another eligible woman, making absolutely sure that he does justice between his two wives.
3. Divorce the first wife and marry another eligible woman.

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