Question:

My husband (hanafi) has a second wife (shafi) that was not staying in the same town as we do. Now she moved to the same town and demands that he lives with her for the full period that she was not living in this town...Is it permissible? What does the Shariah state about that? 

I am (hanafi) not sure about the rulings regarding this even though I am the first wife and did agree to him marrying a second wife and the fact that I am a revert.

Please please assist ASAP I know you are very busy but this is a "obstacle" in our home and lives.

Shukran jazeela.

Clarifications:

Q: After she married your husband, for how long was your husband’s second wife in the other town?

A: She was for almost two (2) years in the other town.

Q: For this entire duration, did your husband spend any time with her? If so, how much?

A: Yes he did every school holiday and some times once a month (for a weekend)  (he is a Ustaadh)

Q: After marrying his second wife, did your husband intend to stay with her for the period he was going to stay with you? (For example, did he intend that if he stays with you for one month before she moves to your town, he will stay with her for one months as well?)

A: No his work does not permit him to do that and it was her choice to move to that town for work (she had a high possition in the company she was working for yet still moved to another town where they paid her more)

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

In principle, if a person has more than one wife, it is compulsory on him to distribute the nights evenly between his wives. How he distributes the nights is up to him. For example, he may decide to spend one night with each wife or three nights with each wife etc.

However, if one wife out of her own accord forfeits her right and permits the husband to not spend nights with her, it will be permissible. She can, nonetheless, cancel this permission at any time.

Hence, if for the last two years your husband did not distribute the nights evenly between you and your co-wife and he had permission from your co-wife to do this, it was permissible for him to do so. If, on the other hand, he did not have permission from your co-wife, then he has sinned and he must repent and ask for forgiveness.

In either case, your co-wife does not have the right to ask her/your husband to stay with her for as long as he stayed with you. Instead, he must distribute the nights evenly from now onwards. [1]

(Note: In a country with a qadi (Islamic judge), a husband who does not distribute nights evenly between his wives will be given an appropriate punishment by the qadi.)

And Allah knows best.

Mufti Faizal Riza
13/7/2012
Darul Ifta Australia
www.mufti-online.net  

Answer approved by:

Mufti Husain Kadodia
Mufti Emran Vawda
Darul Iftaa Mahmudiya, South Africa

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[1] في الهندية: ومما يجب على الأزواج للنساء العدل والتسوية بينهن فيما يملكه والبيتوتة للصحبة والمؤانسة لا فيما لا يملك وهو الحب والجماع، كذا في فتاوى قاضيخان ... والاختيار في مقدار الدور إلى الزوج لأن المستحق هو التسوية دون طريقته ، كذا في التبيين ... ولو أقام عند إحدى امرأتيه شهرا قبل الخصومة أو بعدها ثم خاصمته الأخرى في ذلك أمره القاضي بالتسوية بينهما في المستقبل وما مضى كان هدرا ليس لها أن تطلب أن يقيم عندها مثل ذلك ، ولو أقام عند إحدى امرأتيه زيادة بإذن الأخرى جاز وكان لها أن ترجع عن ذلك ولا يكون الإذن لازما كذا في فتاوى قاضي خان ، ولو وهبت إحدى المرأتين القسم لصاحبتها جاز ولها أن ترجع متى شاءت كذا في السراج الوهاج ، وإن رضيت إحدى الزوجات بترك قسمها لصاحبتها جاز ولها أن ترجع في ذلك كذا في الجوهرة النيرة ( الفتاوى الهندية: 1 / 373-374 ط دار الكتب العلمية )

 

وإذا أقام عند إحدى امرأتيه شهرا ليس للثانية أن تطالب أن يقيم عندها شهرا لكن سوّى بينهما في المستقبل ويعزر بما صنع  ( الفتاوى التاترخانية: 3 / 166 ط دار إحياء التراث العربي )

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