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Is it mandatory for a husband get the consent of his current wife(s) if he wishes to marry another woman? And why?
If so, should he get the consent of all his wives in case he has more than one?
And if it's mandatory and he doesn't get the consent, knowingly or unknowingly, or the wife/wives refuse to give the consent, but still marries another woman, would the marriage be valid?
There is no need to take the wife's consent for new marriage As it is the right for a man to have 4 wives due to Qur'an.
This Fatwa has another aspect, which the second or several marriage is under the country laws. For example, In Iran if you marry another woman without your wife's consent, your first wife can go to the court and take her divorce from her husband (without his allowance and either his consent) and also takes the half of the wealth of her husband.
If a man wants a good marriage, then it is only logical to consult his wife/wives on such matters. If a man does not want a good marriage, then let the man drown in his own arrogance.
With the above being said, in Islam, a husband does not need permission of his wife/wives for marriage, this is a man's right as dictated in the Quran. This right comes with hefty responsibilities though, hence treat them all equally. That means if you buy one a car, then you buy all of them a car. This is not negotiable. This also includes love, there aren't many men out there who would be able to maintain that perfect balance.
Today I have seen many cases where a man has one wife in Europe, one in America, and one in Asia. The man stays with one in America, and completely neglects the rest. This is wrong as it breaks the condition which allows men to have more than one wife to begin with.
The source: Surah Nisa, chapter 4 verse 3
I present here a translated issue (based on Iran [an Islamic-Shia country]):
In the third verse of Surah Al-Nisa ', God Almighty, although He has allowed men to marry up to four wives in a permanent marriage, but continues: "But if you are afraid of not doing justice, be content with only one wife."
According to the Tasnim news agency media group, God Almighty in the third verse of Surah Nisa, although he has allowed men to marry up to four wives with permanent marriage, but continues: "But if you are afraid, do not observe justice only to one "Be content with your wife." This divine commandment has also been mentioned in the religious and legal texts of Islam, and although polygamy is allowed, conditions have been set for it.
Prior to the enactment of the Family Protection Law in 1346 (solar year), there was no prohibition on polygamy for men, but for the first time in Article 14 of this law, remarriage of men was subject to the court's permission, and the court must investigate the current woman And the realization of justice between the spouses by him could have allowed the man to remarry; Of course, marriage without a court order could also lead to punishment for the man. These regulations continued with the enactment of the Family Protection Law approved in 1974, and in Article 16 of this law, the remarriage of men was made conditional on the conditions that will be mentioned below. The important point was that after the victory of the Islamic Revolution, although the bill to establish special civil courts was approved on October 1, 1979, emphasizing the implementation of sharia rules regarding marriage and divorce, but never the Family Protection Law approved in 1974. In the bill of 1958 and not in the subsequent views of the Guardian Council, it was not declared illegal and its validity remained. However, in the revision of the Family Protection Act in 1991, some sought to remove the condition of consent of the first spouse and court permission to make the path to remarriage smoother; Of course, this time, when in Article 23 of the proposed bill, the members of parliament considered the condition of court permission, the Guardian Council opposed it and considered it illegal. The exchanges of the family protection bill between the parliament and the Guardian Council eventually led to the deletion of the controversial Article 23 in this law, so that the same law of 1353 regarding the second marriage would survive. But how can men remarry?
The conditions of the second marriage in the current laws Although in Islamic jurisprudence there is no restriction for men other than the condition of justice for remarriage up to four wives, but in 1353 and with the approval of Article 16 of the Family Protection Law, this issue was completely changed so that the law, the principle of prohibition of remarriage Men have stated that "a man can not have a second wife by having a wife, except in the following cases: 1- The consent of the first wife. 2 - Lack of power of the first spouse to perform marital duties. 3 - Disobedience of the wife to the husband. 4- A woman suffers from insanity or incurable diseases. 5- Sentencing a woman to imprisonment for more than six months. 6- Infection of a woman with any harmful addiction. 7 - Leaving family life on the part of the woman. 8 - Female infertility. 9 - The disappearance of a woman's disappearance » In the second to ninth paragraphs of this article, issues are raised that make a man's remarriage seem normal, but if the wife has no problems, is not sick, is not imprisoned and insane, and has a child, then the only way is To remarry, a man must obtain the consent of his first wife and obtain permission from the court. Of course, the fulfillment of the second to ninth clauses is with the court, and if the court does not fulfill it, it will not allow the man to remarry.
Secret marriage is forbidden! A man who wants to remarry must file a lawsuit against his first wife to renew his marriage, in which he must state the reasons for his request to the court. The court also sends a copy of the petition to the first spouse at the appointed time to respond to it or prepare for the court hearing, after which the court takes the necessary measures and investigates the first wife and after attaining financial ability. The husband and the administration of justice between the spouses allow the husband to remarry, and if the husband does not have favorable financial conditions and the wife is willing to fulfill the marital duties, he will oppose her request. According to Article 56 of the Family Protection Act, marriage registrars do not have the right to register a remarriage without the permission of the court. "If he registers a marriage, he will be sentenced to Islamic deprivation and punishment for being a notary public." Because the official registration of a man's remarriage requires a court order, many men prefer to marry their second wife in secret, out of sight of their first wife. In fact, without the official registration of a marriage, men only issue the legal form of a permanent marriage in order to be safe from the consequences of its official registration. However, according to Article 49 of the Family Protection Law, registration of a marriage is mandatory, and if a man enters into a permanent marriage without registration in the official offices, he will be sentenced to a fine of 80 to 180 million rials or imprisonment of 91 days to six months. But there are many men who either do not register their marriage or enter into a temporary marriage so that they no longer have to register it officially.
It is allowed to have more than 1 wife but your wife has to agreed, if she allowed it, then you can. But if she doesn't, you can't.
“Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) was asked about a man who married a woman, and she stipulated that he should not take another wife or make her move from her home, and that she could live with her mother, and he went ahead (with the marriage) on that basis. Is he obliged to adhere to that, and if he goes against these conditions, does the wife have the right to annul the marriage or not? "
-source: Islamaqa.info
