Her husband treats her unjustly and wants to take a third wife
31-7-2014 | IslamWeb
Question:
Assalamu'aleikum! My husband passed away leaving me with three children. I am married now to a man who lives abroad with his first wife and children. After more than three years he still doesn't provide me with accommodation though it was mentioned in our marriage contract.I am staying in my deceased husband's house with my orphans who have come of age to take over their inheritance. Some time ago it came to my knowledge that he had proposed to a third woman ,a widow, living in the same village as I. When confronting him he confirmed that it is true, he proposed and she accepted. Though I reminded him of his duties and the justice between two wives he insists to go ahead with the third marriage. What should I do? May Allah grant us mercy!
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
One of your rights is that your husband provides your maintenance and accommodation, and accords complete equality of treatment to you and his other wife. Scholars asserted that it is incumbent on the husband to treat his wives on a footing of equality even if the two wives live in two different countries. Hence, you are entitled to demand what is owed to you. Please refer to Fataawa 86818, 81469, and 204856.
As for his wish to take a third or fourth wife, this is his own business (he is entitled to do so as per the Sharee‘ah). However, it should be noted that it is impermissible for a Muslim to venture into polygyny if he believes that it is most likely that he would not be able to treat his wives equally.
If your husband refuses to provide your dues, you are entitled to seek divorce. However, you are advised not to hasten to ask for divorce until you become certain that it is the optimal solution. For more benefit, please refer to Fatwa 131953.
Allaah Knows best.