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🤝 Isteri sedia ada & bakal isteri · #15

May a wife ask for divorce because she cannot bear her husband taking another wife?

A wife may apply for separation, but the route depends on the circumstances — khulʿ, taʿliq (conditional divorce) or judicial dissolution (fasakh). A lawful polygynous marriage alone is not automatically a ground for fasakh. But if the wife truly cannot continue the marriage, to the point of fearing she cannot fulfil her husband's rights, she may apply for khulʿ (redemption divorce), like the wife of Thabit bin Qais. If the husband is unfair, neglects maintenance or causes harm, the wife may apply for fasakh or use the taʿliq. The hadith warning about women asking for divorce refers to asking 'without reason'; genuine hardship is a reason. See talaq & divorce.

Sumber

Sahih al-Bukhari 5273Sunan Abu Dawud 2226 (sahih)Act 303, s.52
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Soalan berkaitan

May the prospective second wife ask the man to divorce his first wife first?No — the Prophet ﷺ forbade a woman to ask for her sister's (co-wife's) divorce so that she might take her place…My husband is unfair between his wives. Can I apply for judicial dissolution (fasakh)?Yes — unfair treatment of a wife in a polygynous household can be a ground for applying for fasakh in Malaysia. The la…May a wife set a condition in the marriage contract that her husband will not practise polygyny?It may be stated, but its effect differs by school. In the Shafi'i school (Malaysian practice), the condition 'the husband may no…May the first wife herself choose a second wife for her husband?Yes — there is no prohibition, but it is not required by the Shariah; only a small number of wives choose this path. A wife who…I am a second wife and fear being divorced because the first wife is pressing for it. What are my rights?You are a lawful wife with full rights, and pressure from others for you to be divorced is forbidden in the hadith. The Prophet ﷺ forbade wo…The first wife works and has her own salary. May the husband reduce her maintenance (nafkah) for the second wife?No — the wife's salary does not cancel the husband's duty of maintenance. A wife's maintenance is the husband's responsibility regardless of…
Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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