Yes, a woman can divorce her husband for taking a second wife in Islam, but it's not automatic.
The ability for a woman to divorce her husband in this situation depends on specific conditions included in her marriage contract (Nikah). Here's a breakdown:
Understanding Polygamy in Islam
- Islamic law (Sharia) permits a man to have up to four wives.
- This allowance means that a standard marriage contract cannot outright prohibit a man from taking a second wife.
How a Woman Can Secure Her Right to Divorce
- Conditional Clause: A woman can include a specific condition in her marriage contract. This clause would grant her the right to initiate a divorce (Talaq) if her husband takes another wife. This right isn’t automatically granted under Sharia; it must be specified in the contract.
- No Permission Necessary: The condition in the marriage contract could specify that if he takes another wife without her permission, she has the right to divorce.
Key Points to Consider:
- Standard Contracts: Typical marriage contracts may not contain this clause. It is crucial to explicitly include it.
- Negotiation: Adding this clause requires negotiation and agreement with her future husband before marriage.
- Enforcement: This clause ensures her right is contractually protected, giving her legal grounds for divorce.
- Alternatives: If a divorce clause isn’t included and the husband takes another wife, the woman may have other grounds for seeking divorce such as mistreatment.
Example:
- If a marriage contract contains the clause stating "if the husband takes another wife without the first wife's permission, the first wife has the right to divorce", then the woman can initiate divorce proceedings if the husband marries another woman without her consent.
In conclusion, while Islamic law permits polygamy, a woman can legally protect her right to divorce if her husband takes another wife by including a conditional clause in their marriage contract.
