Answered by: Alimah Safiyya-Maryam
Question:
A lady that is to get married tomorrow wants to put the condition of her permission if her husband wants a second wife, the to-be officiant refused to perform the Nikāh. What should be done?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The wife is entitled to request a condition in the marriage contract that if the husband wants a second wife he must seek her permission first. If the husband agrees and this is placed in the contract he will be morally and religiously obligated to fulfil this condition, for Allah Azzawajjal states, “And fulfil (every) engagement (promise), for every engagement, will be enquired into (on the Day of Reckoning).” (17:34) The breaking of this condition will render the husband sinful but it will not impact the marriage or cause a divorce.
There is no obligation on anybody to perform the Nikah, so if the to-be-officiant has refused to perform the Nikah, they can simply find another person to do so. The officiant may have his own reasons for refusing so the best one can do is advise him, for perhaps he is unaware of the legal ruling, or ask somebody to intercede as having to find somebody else last minute will cause difficulty for the families.
Only Allah knows best
Written by Alimah Safiyya-Maryam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
والوفاءبهذاالشرطلايلزمهكمالوالتزمهبنفسه (المبسوط للسرخسي, باب الوكالة في النكاح, صفحة ١٤٢, دار الكتب العلمية)