Mufti Online — Madrasah Ta'leemuddeen

Making a condition that husband cannot take a second wife while married to the first wife

· 13 Muharram 1439 AH1 min readEnglish

Question

I once asked my ustaaz whether it is okay for a woman to state in the nikaah contract that while she is married to the man he cannot get another wife. I was told that it is incorrect to do such a thing because it is permissible to have more than one wife and you are not allowed to make it impermissible upon him. Basically you can't make haraam upon him that which is halaal. Could this please be clarified.

Answer

This is correct.

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

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/22110
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-22110

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