Marital problems

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:

1. If a husband promises his wife that he wont ever want to take another wife/wives, does he forego his right? What happens if he breaks the promise and he does a second nikaah?

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2. If the first wife cant cope or bear the pain of it, can she leave him?

3. If he feels that the second nikkah was a mistake and he regrets it, can he leave her? Both wives are living in 2 different countries. He doesn’t spend equal time nor equal money on both his wives. He really loves the first wife more than the second and both the wives are aware of that.

4. Also, if the husband refuses a divorce, can the wife request a khula’?

5. If yes, does it mean that the kids have to go to their father and if the husbamd demands any amount of money he wishes too, she would have to pay in order for him to agree to khula’? 

Bismillaah

A:

1. This promise is not binding.

2. She may request a divorce.

3. If he feels that it is not manageable he may leave her.

4. Yes. The khula is valid with the husband’s consent.

5. In a khula, the husband can demand the full mahr he had given at the time of nikaah. To demand something more than the mahr is not right.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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