Second wife forfeiting her right for her husband to spend every second night with her and reclaiming it

Q: I have taken a second wife - but before I had married her we had an agreement in place that I will not stay every second night with her. Now she is demanding that right. She is a revert. She said that she didn’t know how hard it was going to be a second wife. She knew from the beginning the Islamic laws of 2nd wife.

Is she valid in her argument and can she change her mind and do I have to now fulfill her right?

A: Though she agreed before the nikaah to forfeit her right in regards to the night turns, however if at anytime she decides to retract, shariah gives her the right to do so. Hence, it is compulsory upon you to fulfill her right and deal with both of your wives equally. If you do not exercise equality between both your wives, you will be sinful.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)