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Can a husband make his first wife ,who he is legally married to in American courts, divorce him on paper

Answered as per Hanafi Fiqh by Askimam.org

Many times the rights of one wife are trambled on when husband falls in love with a new wife. Can a husband make his first wife ,who he is legally married to in American courts, divorce him on paper so that he will be able to bring his new wife to America because it is his right to have many wives. When first wife feels the is defrauding government and belittle their marriage?

Answer

In principle, if a wife divorces the husband, that does not constitute a divorce in Shariah (Talaq). The wife is not under any obligation in Shariah to divorce her husband to facilitate her husband’s right to a polygamous marriage.

At most, a polygamous marriage is mubaah (permissible). The husband chose to live in America and effectively have forfeited his right to a polygamous marriage in America by virtue of being an American citizen. If he wants to exercise his rights of a polygamous marriage, he may do so by all means but without going against his commitment to abide by these laws of America that are not un-Islamic. Furthermore, Rasulullah (Salla Allahu alayhi wa sallam) advised that a Muslim should not place himself in a place of disgrace (Tirmidhi). That could be so if one is convicted of violating the rules of the country.

and Allah Ta’ala Knows Best

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.