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I want to get married again because wife doesnt want anymore children. Do i need her consent.

Answered according to Hanafi Fiqh by Askimam.org

As Salamu Alaikum Wa Rahmatullahi Wa Barakatuhu. Dear Shaykh.I am happily married considering most marriages where people are from different countries. But i have a problem with my wife as regards to her not wanting anymore children and i do. The reason i do is because i want the muslim ummah to grow. But she doesnt understand. Can i on these grounds get myself another wife? Do i need her consent for this? I have a candidate already who is willing to marry me and have children, may i communicate with her as regards to wedding arrangements?.Jazzak Allah Khairah thank you for your time.

Answer

Technically, for the Nikah to be valid, you do not require her permission.

Given our society, and women’s frame of mind, how do you think she will feel
once she hears about it? You will definitely not be able to hide it forever.
She will be shattered and heartsore. The mutual confidence will be broken
and your marriage will be in turmoil. From dealing with such cases, we can
say that you will be living in misery.

The honourable and correct method would be that you discuss the matter with
her. Even if she does not totally agree, which is obviously rare, at least,
there will be some degree of mutual understanding. Like in the case of all
marriages, arrangements with the prospective bride should be conducted in a
dignified manner, preferably, via her elders.

and Allah Ta’ala Knows Best

Moulana Imraan Vawda
FATWA DEPT.

CHECKED AND APPROVED CORRECT: Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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