I married this brother 7 ½ years ago because he was very religious. We had a child within the first year. 2 months after the birth of our first child, we separated. I wrote to your respect Ulema and was guided with your advice. (The Ulema advised that our separation was a Talaq. In order for us to be husband and wife again, we would have to get married again). During our separation, my baby and I moved in with my parents. As we were separated, my husband got married to another Muslim sister. A few months later my husband divorced his second wife because she was unfaithful to him. At that time he repurposed to me. I agreed to remarry because we have a son together. To make sure that the problem would not happen again, I wrote a contract putting conditions on our nikkah. Stating that as long as I am alive he is not permitted to take another wife? (Refer to answer #7799) He signed and agreed to the contract. Currently, I am 9 months pregnant with our second child. Just yesterday, I found out that my husband has a second wife. Both of us (the other sister and I were unaware of each other.) Please advice me on this matter since I clearly wrote a marriage contract putting conditions on the nikkah and because the second marriage was kept a secret. Is the second marriage valid according to sharia and am I allowed to ask for Talaq. Urgent!! Need immediate advice!
You did not send to us the actual contract or its exact details. According to the details of your question, it appears that he made a promise to you never to remarry while you are alive. There was no further condition of divorce.
If our understand is correct, then your husband has broken his promise by remarrying. However, this second marriage does not constitute an automatic divorce to you. If the conditions of Nikah in the second marriage were fulfilled, then the second Nikah is valid. It is our humble advice that you exercise restraint to the best of your ability and remain in the Nikah. That will be in the interest of your children. If you cannot exercise restraint, consult with appropriate people around you who are pious and upright. You may write to us again for further advice.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai