Can a First Wife Seek Divorce If Husband Remarries?

Answered by Mawlana Ilyas Patel

Question

Is it permissible for a first wife to seek divorce if her husband takes a second wife? I have been the sole provider for 14 years, and he says I cannot fulfill his needs.

I am inclined to ask for divorce to focus on supporting my children and pursuing Islamic knowledge.

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question. I am sorry to hear about your situation.

In your situation, it is permissible for you to consider divorce. You have been the primary provider for many years, and now your husband wants to take a second wife. This decision could lead to additional harm, injustice, or emotional distress for you.

Allah (Most High) says,

“But if you are afraid you will fail to maintain justice, then (content yourselves with) one….This way, you are less likely to commit injustice.” [Quran, 4:3]

If he is not reasonably sure that he can deal with fairness between both spouses, it is impermissible for him to marry another wife. [Ibn ‘Abidin, Radd al-Muhtar]

Way Forward

• Seek support from family and reliable local scholars for direction
• Request a divorce (talaq) from your husband.
• Seek khula, where you return the mahr or an agreed compensation) if he refuses talaq.
• Take your case to a Sharia council or reliable scholar if needed, especially if he is unwilling to divorce you despite your valid reasons.

Your well-being and peace of mind are important in Islam, and you should not feel guilty for seeking a way out if the marriage is causing you distress. May Allah guide you to what is best for you and your children.

Given the considerations in such cases, we urge you to please consult reliable local scholars or counselors about the specifics of the situation. Jazakum Allah khayra.

May Allah (Most High) decree what is best for you. Pray two rak‘as of Salat al-Haja (the Prayer of Need) regarding this matter, and sincerely ask Allah to guide you toward what is truly good (khayr).

Please go through the valuable answers and links below. Insha’Allah, they will provide you with guidance and direction.

Related: Marriage and Divorce Archives

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum, and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.