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Friday, April 18, 2008

Second Wife and Rights

Q: A married man took a second wife, but the marriage was done in private. At the time of the marriage the husband stipulated a condition to the second wife that he will not spend the same time with her as he spends with the first wife. He stated that he will come to her whenever he is free and able to do so, sometimes at night, sometimes during the day. The new wife agreed to waive her rights in this regard. Some time after the marriage was solemnised, the second wife decides to claim her haqq and now wants her right to equal time to be re-instated. Can she do so?

A:
Yes, she can do so. This is one haqq that can be temporarily waived but not entirely forfeited. The second wife can ask for her right to equal time-sharing to be restored.