Question:

Assalamalaikum I have a question Can a woman ask as part of her marriage contract for her husband to not take a second wife so long as he is in a nikah contract with her ? I was told by a brother that a very learnt person told him it would be haram for a man to agree to this as taking multiple wives is Allah’s law and a man can not give up what Allah has made law. Also I was told that a marriage started off on a contract with this stipulation would be invalid/ haram as it goes against what Allah has decreed to be law. Can you shed some light on this matter please. Jazakallah.

Answer:

Wa Alaikum As Salaam,

Yes, it is permissible for a woman to request her husband as part of her marriage contract, to not take a second wife as long as he is in a Nikah contract with her.

If he agrees to this, it will not be considered as being Haram, and the marriage will be valid. In this case, he will be required to fulfill his agreement.

By agreeing not to take a second wife, the husband is not violating any law of Allah nor is he breaking any ruling in the Shariah.

Marrying to a second wife (or even more) is not a law which has been mandated upon males which they are required to follow. It is only an allowance and a permission which has been given by Allah, which one can practice on, provided that he fulfills certain strict conditions.

So, if a man sees that he is in no position to fulfill the conditions of practicing on that allowance, and he also sees that he has no need to go to that extent, then it is allowed for him to agree not to marry a second wife while he is in the marital contract with his first wife. Entering such an agreement with his wife does not mean that he is breaking a law of the Quran. It only means that he is giving up an allowance which he doesn’t want to practice on. It must be noted that marriage to more than one wife is an allowance/ permission and not an obligation or a law which has been decreed.

An allowance given by Allah is based on one’s choice to practice on it or not. So, if one chooses not to practice on it, and enters into an agreement to refrain from practicing it, then he will not be considered as having gone against a law which Allah has decreed.

And Allah Knows best

Mufti Waseem Khan

18/09/2023