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Can I Remarry Without My Wife’s Consent Due to Infertility?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have married one and half year ago. I would like to have child, but due to some medical reason my wife cannot conceive. Can I go for second marriage without the consent of my wife?

Bismillaah

A: If you wish to take a second wife, you may do so. However, you should publicize the nikaah. We totally discourage performing secret nikaahs as this leads to suspicion being created in the minds of people regarding the man and woman whose nikaah has not been publicized as well as a lot of confusion and complications in many masaail i.e. the husband not being able to maintain equality between the wives in regard to their night turns, wealth and other aspects, laws of inheritance in the case of death, etc.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.