First wife making husband and second wife take an oath not to have sexual relations

Answered according to Hanafi Fiqh by

Q: I was married and sometime ago I have done a 2nd nikkah to another lady while my 1st wife was still in my nikkah. Before the 2nd nikkah my 1st wife took an oath on Quran from both of us, me and my 2nd wife that we will not have any sexual relation until she allows us. Now it is almost 1 year that has passed but she is still not willing to allow us. Is there anyway we can get rid of this oath? Please help us as we both husband and wife are too scared to break our oath which was done on Quraan.


A: You do not have to comply with this oath of hers. It is compulsory to break it. It will be sinful to continue with her oath as this is violating the right of your second wife.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, 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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