As per Sharia, a Muslim man may have up to four wives, making it is impossible to insert a clause that bans him from taking a second wife. However, you can add a condition that gives the woman the right to divorce from her husband, should he chose to take a second wife without her permission.
According to the Sharia law, a man can perform second marriage under Muslim direction without divorcing the first wife but must get consent from the first wife. If a man marries a fifth woman while already married to four, the marriage will be considered irregular but not invalid.
It is not obligatory for the husband, if he wants to take a second wife, to have the consent of his first wife, but it is good manners and kindness to deal with her in such a manner that will minimize the hurt feelings such thing might produce.
In the case of a second marriage of the husband, the first wife has certain rights. The husband has duties towards his wife just like the wife has certain duties towards him. The husband is obligated to spend on the first wife according to his ability and provide her with proper housing, food and other necessities.
Islamic marriages require acceptance (قُبُوْل, qubūl), of the groom, the bride and the consent of the custodian (walī) of the bride.
As per the law, your marriage is considered to be consummated when you have sexual intercourse with your husband. The other man has to divorce you. You have to follow the iddat period after a divorce. After the iddat period is over, you can remarry your husband again.
Wadud points out the three reasons that the Qur'an views as acceptable forms of polygyny: if the husband is not sexually satisfied he may take another wife rather than turn to prostitutes or an affair, if the first wife is unable to reproduce or another woman with child needs to be taken care of, and/or if the husband ...
Divorce Essentials for Practicing Muslims
Once that four-month period has elapsed, the husband and wife are to reunite to continue their marriage or obtain a divorce.
If the husband feels the wife is behaving in a disobedient and rebellious manner, he is required to rectify her attitude — first by kind words, then gentle persuasion and reasoning. Beating as a last resort must never be understood to entail using a stick or any other instrument that would cause pain or injury.
Rights of the Second Wife in India
There is no specific provision for the second spouse. The second wife is not entitled to have any legal rights because such a second marriage is considered to be void. However, she has conditional maintenance right and property right.
In Sunni Islam, oral sex between a husband and wife is considered "Makruh Tahrimi" or highly undesirable by some Islamic jurists when the act is defined as mouth and tongue coming in contact with the genitals.
The expression “Nikah Halala” literally means a marriage to make something halal or permissible. As per Muslim Law, a man cannot remarry his wife after he divorced her, unless the wife is married to another man and gets divorced from that man (second husband) or after the death of the second husband.
“A man may be able to emotionally commit and attach himself to two women at the same time. However, in most cases, a woman will not be able to do the same. Women are emotionally inclined to attach and commit differently than men. Unlike men, women practice and pursue exclusivity in romance,” he says.
Close to 80% of people tend to remarry after divorce or the loss of a partner. A majority of them are well past 40. So, the incidence of divorced couples getting into a second marriage after 40 is significantly high.
Both parties to the marriage contract may request to add special conditions in their marriage contract, provided these conditions are compliant with Sharia principles. As per Sharia, a Muslim man may have up to four wives, making it is impossible to insert a clause that bans him from taking a second wife.
In Islamic jurisprudence, there are two types of divorces: revocable (raj'i) and irrevocable (ba'in). Revocable divorce means that the husband has the right to take back the wife during the three-menstrual cycle waiting period ('idda) that follows all consummated marriages.
A man and a woman may be divorced and then remarry under the Muslim divorce system. They may be divorced twice. After that point, this couple may not re-marry each other unless the woman marries someone else in the interim and is divorced from that other man.
It came in response to a question on whether hiding a second marriage from a spouse is permissible. "A husband who takes a second wife isn't obliged to tell the first. When it comes to what is recommended in such situations, women are different," Al-Mutlaq said.
And if you have reason to fear that you might not act equitably towards orphans, then marry from among (other) women such as are lawful to you — (even) two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then (only) one.”
Kranti says, “As a first wife, you would maybe marry your partner and their family. As a second wife, you go a step further and marry a partner, their family, their kids, and in some ways, even their ex.
There is no flaw or fault on her part. Islam has allowed the believing men to keep a maximum of four wives at any one time, on the condition that the man will treat all his wives with justice and equality in the things that are in his power and control, like his time, his wealth, gifts, etc.
Al-Sherbiny [41] reported the “first wife syndrome,” where the first wife reported difficulties faced psychological, physical, and social problems among women in a polygamous marriage.
Money, Sex, and In-Laws. The above “big three” issues are the primary problems that plague most first marriages. These same issues also impact subsequent marriages—but even more so. The money problem becomes even more troublesome in second marriages due to child support and spousal maintenance payments.