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Faskh for Pregnant Wife with Husband’s Second Marriage Intentions?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If you do not agree with the decision your husband has of wanting a second wife, just because you are carrying his second child while wanting a second wife and he gets upset. Can one still get a faskh?

Bismillaah

A: If you feel that you will not be able to continue with the nikaah and fulfil the marital obligations and responsibilities and you feel quite sure that you will not regret your decision later on, then with respect you may ask your husband to divorce you. We advise you to also consult your parents or the elders of your family in regard to this matter.

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.

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