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Fatwa CenterSecond Wife Treated Unjustly
Question
Please advise me on the following: If the second wife of a man is treated unjustly (her marriage is kept secret (no Waleema and no announcement) and in 2 ½ years she has had only 9 nights with her husband because he lives with his first wife and children and her maintenance is insufficient), is her reward greater for staying in this marriage and suffering this injustice or is she just being taken advantage of and she is not gaining any reward from Allah (SWT). The husband says it is her Qadr to suffer this way. On the other hand, Allah (SWT) gives men clear commands on how to treat their wives (which this man is disobeying). Please let me know if her reward lies in staying married under these conditions or if she should seek divorce. She does not have a Wali because her husband is an imam and he told her she did not need a Wali.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
It is obligatory on the polygamous husband to deal justly with his wives.
Allah Says (what means): {But if you fear that you will not be just, then [marry only] one.} [Quran 4:3]
The Prophet said: “If a man has two wives and does not deal justly with them, he will come on the Day of Judgment with half of his body bent over.” [Ahmad, Abu Daawood, An-Nasaa-i and Ibn Maajah]
If the wife bears the oppression of her husband, she will be rewarded for it. She can put her case before a court and ask for divorce if she feels that her husband is not treating her justly.
A marriage that is conducted without witnesses and Wali (guardian) is an invalid marriage.
So, if a marriage is concluded without its normal conditions (Wali, witnesses, dowry...), it has to be established again with all of the above conditions. Your first marriage is then considered a doubtful marriage. In this case, the marriage of an Imam or that of someone else has no bearing on its validity.
Allah knows best.
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