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Is it right or sinful for a woman to divorce her husband if she loves him but cannot share him with another woman?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
recpected sir assalamu-alaikum, i want to know that if a lady wants to divorce her husband only because of the reason that he has got another wife, is her demand “jayaz”. She loves her husband very much and visa versa and has no other complains against him, its only that she cannot share her husband with another woman. 1)So if she wants a divorce on this ground, is it right or sinful. 2)can she take a divorce for this reason,like will the qazi allow or agree with it because i know that a man can hold four wives at a time. 3)is it necessary for a women to have a jayaz reason to leave her husband, always because in my question the man done nothing najayaz. 4) can a husband force this kind of relationship on a wife. like tell the wife that he will keep them both and will not give her divorce just because she cannot digest the other lady. plz inform me through my email address when you answer me back. jazak allah!

Answer

(Fatwa: 760/635=D/1430)

(1) She will be sinful.

(2) Her demand of Talaq is not right.

(3) Yes, she should have a valid reason to leave her husband. It is mentioned in hadith that a woman who demands her husband to give her Talaq will not smell the fragrance of the Paradise. (Mishkat 283) while there is another hadith: المنتزعات والمختلعات ھن المنافقات (the women who try to seek Talaq or separation from their husband without any valid reason are munafiq (hypocrites). (Mishkat 284)

(4) A husband is allowed to have two wives with the condition of giving them their due rights equally. Also, he can force such relation on his first wife.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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