MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Existing wife & prospective wife

🤝 Existing wife & prospective wife · #4

Can a wife put a condition in the marriage contract that her husband will not take another wife?

It may be stated, but its effect differs between the schools. In the Shafi'i school (Malaysian practice), a condition that 'the husband may not marry another' is regarded as contrary to a right given by the Shariah; the condition is not binding but the marriage remains valid. The Hanbali school regards the condition as valid and binding — if the husband breaches it, the wife is entitled to dissolve the marriage. The Prophet ﷺ said that the conditions most deserving to be fulfilled are those by which you made marriage lawful. In Malaysia, a more practical route is an additional taʿliq statement recorded at registration — consult the religious affairs office or your state enactment. See conditions in the contract.
Differences between the schools. Shafi'i, Hanafi and Maliki: the condition does not bind the husband though the marriage is valid; Hanbali: the condition is valid and the wife may dissolve the marriage if it is breached.

Sources

Sahih al-Bukhari 5151Sahih Muslim, Kitab an-NikahSurah al-Ma'idah 5:1
← PreviousIs it a sin for me to feel jealous when my husband marries again?Next →What is an additional taʿliq, and can it protect a wife if her husband takes another wife?

Related questions

What is an additional taʿliq and can it protect a wife if her husband takes another wife?Taʿliq is a pronouncement read by the husband after the akad, making talaq conditional on certain conditions; the wife may apply for ta…The husband is unjust between his wives. Can I apply for fasakh?Yes — unjust treatment of a wife in a polygynous household can be a ground for applying for fasakh in Malaysia. The l…May the first wife choose a second wife for her husband herself?Yes — it is not forbidden, but it is not a Shariah requirement; only a small number of wives choose this path. A wife who…The first wife works and has her own salary. May the husband reduce her maintenance for the second wife?No — the wife's salary does not remove the husband's duty of maintenance. A wife's maintenance is the husband's responsibility regardless of…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…May a first wife ask her husband to divorce his second wife?The Prophet ﷺ forbade a woman to ask for her sister's (co-wife's) divorce to take her place; if the first wife…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.