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🤝 Existing wife & prospective wife · #56

After taking another wife, my husband wants the first wife to move out of the marital home. What are my rights?

A wife is entitled to suitable housing from her husband according to his means; he may not evict her or use a new marriage as a reason to reduce her right to housing.
Allah commands husbands to house their wives according to their means and not to harass them (at-Talaq 65:6). If the house was bought jointly or with the wife's contribution, it may be jointly acquired property, and Act 303 s.107A allows the court to prohibit disposal of such property. If the husband wants to sell or transfer the house, get advice from a Syariah lawyer at once. In a polygamy application, the court also considers whether the existing wife will continue to receive her proper rights. If you are thrown out, see the related question and seek protection if there are threats. See the question on jointly acquired property in polygamy and the question on being thrown out.

Sources

Surah at-Talaq 65:6Act 303, s.107AAct 303, s.23
← PreviousMy husband asks me (the first wife) to look after my co-wife's children while he works. Am I obliged to?Next →Since my husband took another wife I cannot sleep, have lost my appetite and cry often. What should I do?

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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