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:

Assalmalikum

i have a question. me and my wife r living in the same city but different home, as she beat me and i left the house for the last 5 months. and living alone, can i get second marriage without divorcing her?. do i need her permission for second marriage.?

urgent reply

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Answer:

Live seperate and second marriage

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 Sunnah which stipulates or puts a condition that a believer needs to first divorce his first wife or needs the prior permission or consent of his first wife before he exercises his lawful option of marring for a second time.

Beloved brother in Islam, if you are confident that you will be able to do justice between your wives, you are well within your rights to exercise the lawful option of marrying more than one wife,….and if you do not wish to divorce your first wife or not inform her regarding your decision to marry another woman for any reason, you are well within your rights to do so.

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