Can i get married without divorcing the first wife

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Dear Brother in Islam, Assalam Aley Kum. May Peace and Mercy of Allah (swt) be on all of you. One of my friend (Muslim Friend he doesnt want his name to be revealed) got married to a Mumbai based Girl in the year 2007. They lead a happy and a prosperous life, till my friend lost his job due to recession, then he went to mumbai along with wife and started searching for a job in mumbai, there too he found the same recession effect and above all the corporates and the companies wanted a local candidate who knows Mumbai well. Then my friend went to Dubai got a job with a very handsome salary package with family Visa, my friend called his wife and her brothers from Dubai and told them he got an offer with a monthly salary of Rupees 1Lac and Seven Thousand Per month. They told my friend not to take up the job bcos the salary was less which never suites my experience, my friend came back from Dubai by ignoring the job, Later my friend started searching again for jobs in Mumbai and a better offer for Foreign Countries, Seven months rolled just like this with out any job. Then my friend told his wife that he wants to go back to chennai as it is his home town, and by this time the recession has come down slowly. My friend wife objected to this and was telling my friend to look for any unsuitable job in Mumbai for which my friend said no, This resulted in lots of quarrles, misunderstanding and her brother came to my friend house in mumbai and had a very serious fight. Then my friend decided to come back to chennai, he informed his wife and told her that once he gets job in Chennai he will call back her to have a peaceful life, My friend came back to chennai on 4th september 2009 from mumbai, and got an excellent job in the month of October 2009. From that day to till today my friend tried his best to call her back, he even went back to mumbai to meet her parents on 16th October 2010 to take back his wife, my friend also visited her/relatives/friends to get their help and guidance in bringing back his wife. No one came forward to help my friend. Now dear Brother in Islam my friends mom want my friend to get married to another girl w/o divorcing her. My friend is not interested in going for another marriage, but with his mothers pressure increasing day by day, can my friend marry another girl w/o divorcing her. Please clarify and send a detail answer pertaining to Islam and Sharia Law at the earliest as the matter is very critical.

 

Wassalam.

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Can i get married without divorcing the first wife?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 3 (part): If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them) then only one.

 

Brother, a man does not need the specific permission of his wife if he wishes to marry again (up to maximum 4 wives at one time).

 

The right thing to do is inform the woman that if she does not return to your friend in Chennai then he will exercise his right to re-marry. There is no need to divorce her if he wishes.

 

Even then his wife does not return then he should go ahead and re-marry and there will be no sin upon him. 

 

If the mother has insisted him to marry another woman then it would be best to obey her command and marry as soon as possible.

 

Sahih Al-Bukhari Hadith 1.505         Narrated by Abdullah

I asked the Prophet (saws): "Which deed is the dearest to Allah?" He (saws) replied, "To offer the prayers at their early stated fixed times." I asked, "What is the next (in goodness)?" He (saws) replied, "To be good and dutiful to your parents." I again asked, "What is the next (in goodness)?" He (saws) replied, "To participate in Jihad (religious fighting) in Allah's cause."  'Abdullah added, "I asked only that much and if I had asked more, the Prophet (saws) would have told me more."

 

Al-Tirmidhi Hadith 4928        Narrated byAbud Darda

When a man came to him and said, "I have a wife whom my mother commands me to divorce," he replied to him that he had heard Allah's Messenger (saws) say, "A parent is the best of the gates of Paradise; so if you wish, keep to the gate, or lose it."

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

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