Islam allows polygamy with a maximum of four wives, making it conditional on maintaining fairness between one’s wives.

Polygamy in Countries with Muslim Minorities

Similar Questions 

· To have four wives.

The Issue

The laws of Western countries disallow polygamy, and in some countries there are groups and organizations that advocate banning bigamy, which they claim is contrary to human rights. What is the status for Muslims who live in such countries under such laws?

Ruling

Islam allows polygamy with a maximum of four wives, making it conditional on maintaining fairness between one’s wives. Such marriages are subject to all other conditions of marriage, including the man’s ability to fulfil all the requirements and duties of marriage. The permission is stated

This ruling is endorsed by several authorities including: 

1. The European Council for Fatwa and Research said: Prior to Islam, men could marry any number of women, without any restriction. Islam regulated it, establishing a limit of the number of wives and putting a condition in place. The limit restricts polygamy to four wives, with no possibility of increasing the number. 

When a man from the Thaqif tribe embraced Islam and he was married to ten wives, the Prophet ordered him to retain four of them and divorce the rest. The condition requires the man who wants to marry more than one wife should be confident that he can maintain fairness between his wives. If he is unsure, then he may not have a second wife,

This condition is added to the other conditions that must be fulfilled in any marriage, such as the ability to look after one’s wife, or wives, financially and help them to maintain their chastity. 

Islam permits polygamy because it is a practical religion which does not base its rules on unrealistic ideals. It provides solutions to life’s problems and a second marriage may provide a good solution for the husband if his first wife cannot give him a child, or has a long monthly period and his sexual desire is too strong. His wife may be suffering from a chronic illness and he wishes to keep rather than divorce her, etc. Polygamy may also provide a good solution for some women, such as a widow or a young divorcee who is unlikely to find a young single man willing to marry her, particularly if she has children to look after. 

Legal polygamy may provide a solution for society, for example when the number of women is disproportionately greater than the number of men who are able to get married. This is not an uncommon situation, and the problem certainly increases after wars. But what is society to do in order to sort out this problem? There are only three alternatives:

(i) Leaving a large number of women as spinsters, with little hope of marriage and motherhood. Needless to say, this is unfair.

(ii) Fulfiling their desires through illegitimate means, incurring grave sin.

(iii) Allowing them to marry men who have other wives but are able to look after them, providing them with suitable homes and marital life and maintaining fairness between their wives. This last option provides the proper solution. 

Voices are raised against this solution protesting that it is open to abuse. In life many rights are abused or trampled upon, but they are not cancelled as a result. A first marriage is often abused. Personal freedom, democratic elections and authority are often abused. Are we to cancel these as a result and let life go into chaos? When a certain right is abused, what is needed is to put in place proper controls and punish those who abuse their rights as far as this is feasible.[1]

2. The International Islamic Fiqh Academy of the Organization of Islamic Cooperation said in its decision[2]that polygamy based on fairness between wives is not considered from the Islamic perspective an act of violence or an act of discrimination. 

3. One of the fatwas of contemporary scholars was that issued by the late Shaikh Abd al-Azeez ibn Baz who said: ‘The Qur’an, God’s glorious book, and the Prophet’s Sunnah permit polygamy, which is lawful according to the unanimous view of all Muslims. 

 The Prophet himself married nine wives who all lived with him. They were a great benefit to the Muslim community, transmitting useful knowledge, great values and fine manners. The same was the case with the two noble prophets, David and Solomon, each of whom was married, by God’s permission, to a large number of women. Many of the Prophet’s companions and their good successors also married more than one wife.

Polygamy was a common practice in civilized nations of the past and among the Arabs before Islam. Islam has limited polygamy, setting a maximum of four wives, but God permitted the Prophet more than that to allow for certain benefits. Permitting polygamy, with the condition of endeavouring to maintain strict fairness between one’s wives, serves various interests and brings about many benefits, such as maintaining the chastity of the husband who can help more than one woman to do the same, and having many children, which increases the population of the nation of believers and strengthens it. Another benefit is looking after many women financially. Thus the Prophet will be able to take pride in his community and its numbers on the Day of Judgement. Other interests and benefits can be identified by anyone who looks at Islamic law with respect and studies its different aspects that combine beautiful suitability with wisdom. Such a person will quickly realize that mankind always needs Islamic law. On the other hand, a hostile or ignorant person will cast a negative view upon Islamic law while admiring all that comes from the West or the East. Such a person cannot see the great benefits of Islamic law and how it serves the interests of both men and women. 

Muslim scholars say that the permission of polygamy is one of the great aspects of Islamic law as it provides an excellent solution for some important problems in human society. A number of non-Muslims have recognized this and acknowledged the superiority of Islamic law in this respect, despite the fact that they are generally opposed to Islam and its laws. [3]

4. The Permanent Committee for Research and Fatwa said in its fatwa: ‘Polygamy is permissible for a man who is able to look after his wives, does not fear to be unjust to any of them and who divides his nights equally between them. Anyone who advises against polygamy and says that he or anyone else is better off without it, even if this leads to adultery, is wrong. He commits a sin by saying this or giving others such advice. He must repent, seek God’s forgiveness and renounce such a view.[4]

5. The late Shaikh Atiyyah Saqr said in his fatwa:

Polygamy was widely practised under human laws and divine religions. Islam approved of it, limiting it to four wives and placing a condition that the man must maintain strict fairness between his wives. It is certainly beneficial to make it lawful.

Sources

· The European Council for Fatwa and Research. 
   · The International Islamic Fiqh Academy.
   · The collected fatwas and articles of Shaikh Ibn Baz.
   · Majallat al-Buhuth al-Islamiyyah.
   · Fatawa by The Permanent Committee for Research and Fatwa.
   · Atiyyah Saqr, Al-Fatawa al-Islamiyyah.