ISLAM Q N A

Second Marriage and Divorce Edited by Adil Salahi Arab News
Q. Is it necessary for a man who wants to marry a second wife to obtain his wife's consent?
What about divorce: Is the wife's consent necessary for divorce to go ahead?
S.K. KhanA.
In neither case the wife's consent is necessary. It is a concession God has given Muslim men to marry more than one wife. Therefore, when a man feels that his circumstances make it desirable or useful that he should have another wife, he may go ahead and do so. The first wife may either accept the situation or ask for divorce if she feels unable to tolerate the situation.
Having said that, I should point out that some Muslim countries have introduced laws making it obligatory for a man to obtain his first wife's consent before he can arrange a second marriage. This is not required in Islam. However, people are always advised to abide by the law in their countries.

The other point I wish to make is that polygamy is allowed in Islam as a measure to solve some social problems. It is not a question of satisfying man's whims. The Prophet (peace be upon him) has indicated that one wife is always preferable so that a man does not expose himself to the risk of treating his wives unfairly when he is required to maintain fairness between them at all times.It is not necessary to have one's wife's consent for divorce either.
God states in the Qur'an (2: 228) that men are given a step over women in the matter of divorce. This step is the right to terminate the marriage contract unilaterally, although it is a contract between two parties.
We must not forget that this is done within an Islamic context, because under Islamic law, it is the man who suffers financially in the case of divorce. However, in many countries, the wife is far more adversely affected. This is unfortunate, but Islam cannot be blamed for what people do against its laws.We must not forget that in Islam divorce is brought into effect through a long process. However, people often resort to it in a highly charged way, not looking at the process and what it entails. In this way, they are unfair to their wives, children and indeed to themselves. This must never be the case.

Division of Property
Q. How is the property to be divided if the deceased leaves behind the following relatives: a) parents, wife, 2 sons and three daughters; and b) two wives, one childless and the other having one son and one daughter?Javid Ansari Jeddah

A. All the relatives mentioned are in the direct line of inheritance. They have their shares at the same time, with no preference. In the first case, the property is divided as follows: One-sixth to each of the parents, one-eighth to the wife, and the remainder is divided between the children. This remainder is divided into seven shares, two each to the two sons and one to each of the three daughters. In the second case, the two wives share equally the portion of one-eighth, i.e. each has a share of one-sixteenth, and the remainder is divided into three portions: One portion to the daughter and two to the son.

Illness and Prayer
Q. If a person is so ill that he cannot control his discharge of urine and stools, how can he offer his prayers? K.K. Muhammad Riyadh

A. If the person is aware of the situation and can attend to his needs, he should clean himself for prayer, and he can combine Dhuhr and Asr together, and Maghrib and Isha together, to ease his difficulty. However, the illness you have mentioned could be managed if proper medical attention is given. In a different situation, where no improvement is likely and the elderly person has lost most of his normal senses, to the extent that he is largely unaware of what goes on around him, prayer may not be required of him. However, the case should be considered on its own.

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