Question Summary:
Does the husband need to inform the potential wife about his first wife? (A sample divorce contract also provided) Question Detail:
1. Since the birth of my son three months ago, my menstrual cycle has been very disrupted. I have had on off spotting, sometimes days apart, sometimes weeks apart, and every time after intimacy. After 15 days of paaki, should I regard such light spotting as haidh? When the bleeding finished, I see brown, then green, then yellow, then very pale yellow. When should I take ghusl? Please note I have green and yellow discharge during paaki as well.
2. If a man marries again, must he inform the potential wife that he is already married? If he doesn't inform her, will he be held accountable of deception? Will the second wife be justified in asking for a divorce when she finds out? Or is this not a valid reason for asking for a divorce?
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
1) In order for us to advise you, explain in detail the pattern of your menstrual cycle from before the disruptive behavior up to now. Also provide the days the spottings were sighted. You may email this directly to admin@daruliftaa.net titled “Clarification on Menstrual Cycle”.
2) In this era of lies and deception, a woman should enquire and get clarity from the potential husband if he is married or not. She should not wait for him to divulge that information. It would also be irresponsible of the woman to enter into a marriage without getting clarity on the issue. She should make it an utmost priority to investigate and find out if she can trust the man or not. Moreover, if a man is already married, he should be open to his future wife and tell her he is married. It will be an act of deception not to divulge such crucial information especially if she expects him to be single and unmarried.
Nevertheless, if the wife finds out after marriage that her husband is married, she does not have the grounds for seeking a divorce. However, she may enter into a marriage contract before the marriage that if she finds out the husband is married or marries in the future, she will be divorced. Accordingly, the divorce will take place.
We hereby present to you a sample of such a marriage contract which could be designed according to one’s personal needs and circumstances:
Sample of Conditional Divorce Contract
(Ta`līq-ut-Talāq)
I (husband`s name) proclaim that I am not married.
I hereby marry (wife`s name) on condition I will not marry anyone else or will not approve anyone marrying me or will not accept any marriage done on my behalf during my marriage to (wife`s name) .
If I violate any of the above conditions, my wife will be divorced “if” she does not overlook the violation and does not consent to me having another wife/s and her negative feelings are confirmed by two male family members who are at least 30 years of age and who are siblings and/or her first cousins. Accordingly, she will be divorced with one Talāq-e-bā`in (irrevocable divorce).
I (husband`s name) understand the above mentioned conditions and willingly agree to the above.
The foregoing is agreed to by:
(Husband`s printed name & signature) .
(Wife`s printed name & signature) .
Witnesses:
Witness number one: (Printed name & signature) .
Witness number two: (Printed name & signature) .
DATE: ___________________
And Allah Ta’āla Knows Best
AbdulMannan Nizami
Student Darul Iftaa
Chicago, IL, USA
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net
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