Fatwa No : 85603
Is it permissible to contract a second marriage without the permission of one’s wife who is unhappy without any valid reason?”

Is it permissible to contract a second marriage without the permission of one’s wife who is unhappy without any valid reason?”

My marriage took place on 10-03-2010. From the very beginning after marriage, complications arose in my life, which I kept ignoring. Once earlier, when I had one daughter and my wife was pregnant with the second child, she went angrily to her parents’ home and stayed there for 8 months, which caused me great humiliation before I brought her back.
Now I have four children: two daughters and two sons. For the past one year and seven months, my wife has not been fulfilling my conjugal rights. She left the children and the home and has been sitting angrily at her parents’ house for the past 8 months, demanding divorce. I have repeatedly sent elders (jirga/mediation), but she is not agreeing.
I humbly request you to kindly grant me permission for a second marriage, keeping in view the maintenance of my children and my physical needs, so that I may be protected from sin.
May Allah reward you.
Note: The questioner has filed a case in court for resolution of the matter or permission for a second marriage. The lawyer has asked for a fatwa regarding permission for a second marriage. Therefore, kindly provide guidance.

الجوابُ حامِدا ًو مُصلیِّا ً

In the given situation, if no falsehood or incorrect statement has been used, and indeed the questioner’s wife is not fulfilling the conjugal rights of the questioner without any valid Shar‘i excuse and is demanding divorce without justification, then due to this behavior the wife is committing a serious sin. She should fulfill the rights of her husband and make an effort to maintain and preserve her home.
At the same time, the questioner should also try, either personally or through family elders, to counsel his wife and attempt to dissuade her from this conduct. If, despite this, she does not desist, then the questioner may give her divorce and release her from the bond of marriage; however, he should not act hastily in this matter.
Furthermore, it is also Islamically permissible for the questioner to contract a marriage elsewhere (i.e., a second marriage).

مأخَذُ الفَتوی

کما قال اللہ تعالیٰ: فان خفتم شقاق بینھما فابعثوا حکما من اھلہ وحکما من اھلھا ان یریدا اصلاحا یوفق اللہ بینھما (النساء:35)
وفی مقام آخر : فانکحوا ماطاب لکم من النساء مثنی وثلث وربع۔(النساء:3)
وفی الھدایۃ: قال الطلاق علی ثلثۃ اوجہ حسن واحسن وبدعی فالاحسن ان یطلق الرجل امراتہ تطلیقۃ واحدۃ فی طھر لم یجامعہا فیہ ویترکھا حتی تنقضی عدتھا ۔(2/354)