🤝 Existing wife & prospective wife · #50
I am a second wife and want children, but my husband does not because he already has children with his first wife. What are my rights?
Children are the right of both husband and wife; a husband may not deny a second wife the right to have children simply because he already has children with another wife.
Allah mentions the wish for offspring as a prayer of the believers (al-Furqan 25:74), and Shafi'i scholars state that ʿazl with a free wife should be with her permission because offspring are her right too. Justice in polygamy (an-Nisa' 4:3) includes not denying one wife a basic right that another enjoys. This should have been discussed before marriage; if not, discuss it clearly now, including his concerns about money or fairness between children. A counsellor can help. If he keeps denying this right and it causes harm, the wife may seek advice from the Syariah Court. See the question on deciding the number of children.
Allah mentions the wish for offspring as a prayer of the believers (al-Furqan 25:74), and Shafi'i scholars state that ʿazl with a free wife should be with her permission because offspring are her right too. Justice in polygamy (an-Nisa' 4:3) includes not denying one wife a basic right that another enjoys. This should have been discussed before marriage; if not, discuss it clearly now, including his concerns about money or fairness between children. A counsellor can help. If he keeps denying this right and it causes harm, the wife may seek advice from the Syariah Court. See the question on deciding the number of children.
Sources
Surah al-Furqan 25:74Surah an-Nisa' 4:3Sahih Muslim, Kitab an-Nikah