I WAS talking jokingly to a Moroccan woman working in Riyadh. "If you don't return to Morocco soon, your husband will marry another woman," I said. "He can't," she replied with full confidence. "The Moroccan law forbids a man from taking a second wife unless the first wife gives her consent," she added. This short conversation opened many doors before me on women's rights that we fail to perceive. The most important women's right is that her husband should not marry another woman secretly without her knowledge. He should consult her and let her make the decision freely. She can say yes or no, or she can choose to live a new life away from the marriage. As to leaving the door wide open, this has nothing to do with Islamic conduct. Betrayal is not among the attributes of a Muslim, even if it relates to something that he believes is among his rights guaranteed by the Shariah. This is because a right cannot be taken through disloyalty, the way some husbands do. Their wives do not discover they had married other women behind their back until after the passage of several years. With the deluge of the secretive Misyar marriages, many marital homes have been wrecked because of the lies told by unfaithful men. A woman has the right to know if her husband wishes to take a second wife. She should be given the freedom to choose whether to accept the marriage or reject it. Therefore, it is important for us to search for civil laws based on Shariah that protect the rights of the two parties and forbid men from marrying other women without their wives' consent. This decision does not contradict Shariah, and it will not be a shame for us. It will organize the practice of polygyny in Saudi society and make it more civilized and ethical as all parties concerned are fully aware of what is going on. In the same vein, there is a law in Shariah that is not being implemented, which grants a woman the right to put this condition in the marriage contract if she cannot trust her husband and is afraid he might betray her in the future. The followers of the Hanbali school of jurisprudence are the ones who tend to put such conditions before signing marriage contracts. The bride has the right to make it a condition that if her husband marries another woman, the marriage contract will become automatically nullified. On the other hand, the groom has the right to reject such a condition. However, reaching an understanding is most important in accepting conditions or rejecting them. Perhaps it is appropriate here to mention that the Prophet (peace be upon him) forbade Ali from taking a second wife alongside Fatima (may Allah be pleased with them). The reason given by the Prophet was that he feared this would hurt Fatima. For us, as women, it is important to remember that Fatima Al-Zahra is our leader. Whatever hurts her femininity hurts every woman. It is your right, dear woman, to put conditions that guarantee a stable life and a secure future. Do not feel ashamed of demanding your legitimate rights guaranteed by Shariah.
