We’d like to focus on the following three points:

1. Consent of the first wife

2. Justice among Wives

3. The wife has the right to a separate house.

First of all, we’d like to state that in Islam, marriage is a solemn contract for which the Shari`ah lays down rules and arrangements to guarantee its stability. Though Islam permits man to have more than a wife, it stipulates that certain conditions are to be met in this regard, for Islam’s main focus is on building a stable marital life.

As for the first point, it is not obligatory for the husband, if he wants to take a second wife, to have the consent of his first wife. However, the wife has the right to stipulate in the marriage contract that her husband must not marry another beside her and it’ll be binding upon him. If the man marries another wife, then she is given the choice either to obtain divorce or to stay with him as a co-wife.

Also, it is good manners and kindness to deal with her in such a manner that will minimize the hurt feelings such thing might produce. So it’s incumbent on the husband to be kind to his wife, discuss the matter with her in a gentle and pleasant manner, and this should be coupled with spending whatever money may be necessary in order to gain her acceptance of the situation.

Elaborating on this issue, here is the fatwa issued by Sheikh M. S. Al-Munajjid, a prominent Saudi Muslim lecturer and author, states:
“If a man is able to take a second wife, physically and financially, and he can treat both wives in a just manner, and he wants to, then he is allowed to do so according to Islam. Allah says, “Then marry (other) women of your choice, two or three, or four.” (An-Nisa’: 3)
It is well known that women are by nature jealous and reluctant to share their husband with other women. Women are not to be condemned for this jealousy, for it existed in the best of righteous women, the wives of the Companions, and even in the Mothers of the Believers. But women should not let jealousy make them object to that which Allah has permitted, and they should not try to prevent it; a wife should allow her husband to marry another woman for this is a kind of cooperating in righteousness and piety.
the first wife’s consent is not a prerequisite for a man to take another wife. The Standing Committee for Issuing Fatwas was asked about this and replied as follows:
It is not obligatory for the husband, if he wants to take a second wife, to have the consent of his first wife, but it is good manners and kindness to deal with her in such a manner that will minimize the hurt feelings such thing might produce. So, it’s incumbent on the husband to be kind to his wife, discuss the matter with her in a gentle and pleasant manner, and this should be coupled with spending whatever money may be necessary in order to gain her acceptance of the situation.”
excerpted, with slight modifications, form: www.islam-qa.com
So in the light of the above, it’s clear that the matter is not just having a right to do so, it’s how you use that right. As we have said in many fatwas how Islam caters for the rights of women, men should not tamper with rights that Islam made inalienable to women, part of which is to respect their humanity. They are not property that can be done with at any time without any consideration; women are life partners.

As for the second point on the necessity of being just among wives, the eminent Muslim scholar, Sheik Yusuf Al-Qaradawi, in his well-known book, The Lawful and the Prohibited in Islam, writes:
“The condition which Islam lays down for permitting a man to have more than one wife is confidence on his part that he will be able to deal equitably with his two or more wives in the matter of food, drink, housing, clothing and expenses, as well as in the division of his time between them. Anyone who lacks the assurance that he will be able to fulfill all these obligati
ons with justice and equality is prohibited by Allah Almighty from marrying more than one woman, for Allah says: “But if you fear that you will not be able to do justice (among them), then (marry) only one…” (An-Nisa’: 3)
and the Prophet (peace and blessings be upon him) said, “Anyone who has two wives and does not treat them equally will come on the Day of Resurrection dragging one part of his body which will be hanging down.” (Reported by the compilers of Sunan and by Ibn Hibban and al-Hakim)
the equal treatment mentioned here pertains to the rights of the wives, not to the love the husband feels towed them, for equality in the division of love is beyond human capacity and any imbalance in this regard is forgiven by Allah Almighty who says: “And you will not be able to do justice among (your) wives, however much you may wish to. But do not turn away (from one of them) altogether…” (An-Nisa’: 139)
This is why the Prophet (peace and blessings be upon him) used to divide his time among his wives equally, saying, “O Allah, this is my division in regard to what I can control. Then do not take me to task regarding what Thou controllest and I do not control” (Reported by the compilers of Sunan), referring to the attachment and affection which he felt for one particular wife. And when he planned to go on a journey, Allah’s Messenger (peace and blessings be upon him) would cast lots among his wives, and the one who was chosen by lot would accompany him. (Reported by al-Bukhari and Muslim)

Having stated the above, we come to the conclusion that the Prophet’s preference for `A’ishah was in love, but not in the equal treatment among wives with regard to spending, time or housing. The Prophet (peace and blessings be upon him) was the best example in treating his wives equally and justly. However, if you mean the love and preference of people to `A’ishah more than other Wives of the Prophet, we say it is Allah’s will and people are not required to love all people equally even if they be the Mothers of the Believers.

As for the third point, we’d like to state that the issue depends on `urf (custom of people) and the financial capability of the husband and the consent of the wives.