🚪 Divorce, ʿiddah & rujuk · #40

Can a wife seek divorce because her husband wants to marry another?

A lawful polygynous marriage is not in itself a ground for fasakh, but the wife may apply for khulʿ, and may claim fasakh if the husband is not fair.
Islamic family law (for example Act 303, s.52) recognises a polygynous husband's failure to treat a wife fairly in accordance with the Shariah as one form of cruelty for fasakh. If there is a condition in the contract agreed by the husband concerning polygyny, its breach may be the basis of a claim.
The wife is also entitled to attend and give her views on her husband's polygyny application in court. Seek counselling and legal advice so that your decision is made with full information. See talaq & divorce.

Sources

Surah an-Nisa' 4:3Surah an-Nisa' 4:129Act 303, s.52Act 303, s.23

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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