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Marriage related queries

Fatwaa ID: 354

Question:
Assalamualaikum mufti(s) sahebs
In the name of allah the most merciful and gracious.
Can you please answer the following-

  1. What factors are provisional ( for muslim brothers an sisters) during fixing a marraige. Eg:- Mehar , or any conditions which must be stipulated in order to avoid conflict between husband and wife relationship ( such as earnings of wife).

Clarification: I have heard people discussing like mehar are there any others factors that are obligated?. For eg: a working spouse conditionally argrees to continue her work after marraige and such income would be fully owned and spend according to her will without anybodys objection( husband, in laws). In depth i would like to know whether such conditions are permissible.

  1. Does a husband require permission from primary wife for second marraige?
  2. Does a husband have complete authority over the assets of wife and vice versa?
    Jazak allahu khair

    Answer:
    In the Name of Allaah, the Most Gracious, the Most Merciful.
    As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

    1. It is necessary to discuss and mutually agree upon the mahr. In the absence of an agreement, the Mahr Mithl will be binding on the husband.
      As for other issues that the potential couple wish to discuss and agree on or clarify, they may do that. There is no restriction on that. They may have it added on to their marriage contract as well. This is obviously if there is nothing in it there is in violation of the laws of Shari’ah. You may refer to your local scholars when wording it.
    2. At the outset, if a man has multiple wives, all the wives are primary. None of them are secondary. Nevertheless, a second marriage is valid without the permission of the first wife. However, this is not wise or appropriate under any circumstance. Hiding it from the first wife will only lead to issues and break down of the first marriage. If a man wishes to get married again, you should speak to his first wife and get her on board. He should not get married without her permission or even secretly. Secret marriages are prohibited.
    3. No. Each person remains the sole owner of his/her wealth and assets after marriage. One spouse does not have authority over the wealth of the other.

    And Allaah Ta’aala knows best.
    Mufti Muajul I. Chowdhury
    Darul Iftaa New York
    https://askthemufti.us/

    06/18/1444 AH – 01/11/2023 CE | AMG3-3438

    وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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