Fatwa ID: 08241

Answered by: Alimah Maryam Badshah

Question:

My question is: what do the scholars of Darul Ifta Birmingham think about marrying a second time without the permission of the wife? Is it allowed for them, or is it necessary to get the permission? If you send the answer as early as possible, I shall be grateful to you as I have to include your response in my thesis.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Allah (swt) says:
“…marry those that seem suitable for you from the women, two, three and four. But if you fear that you will not be just, then [marry only] one or what your right hand possesses. That is more appropriate, so that you may not oppress.”
Surah An-Nisā’ (4:3) [1]

There is no explicit evidence narrating whether a husband requires their wife’s permission to marry another wife or not. Therefore, from the permission given to marry up to four wives in the ayah above, it is taken that the husband does not require his current wife’s permission. However, whilst he is not required to ask his first wife for her permission, many scholars agree that in the current culture (‘urf), where it is not the norm for a husband to have multiple wives, a husband not asking their current wife her opinion on the matter or explaining his need for another wife in a respectful manner would also have a detrimental effect on the current marriage.

“And never will you be able to deal justly between the women even if you desired. So do not incline completely [towards one] then leave her [the other wife] like the suspended one [between marriage and divorce]. If you reconcile and remain conscious of Allah, then indeed Allah is the Most Forgiving and Most Merciful.”
Surah An-Nisā’ (4:129) [2]

Allah (swt) has warned husbands about their inability to be truly just between his wives. It is for this reason that polygyny is not something to be taken lightly and can only be pursued if the husband is determined to be fair and equal between all of his wives’ social, economical and physical needs. When considering this, he should not only think about his worldly gains, but also the consequences in both this world and the Hereafter should he fail in his duties and responsibilities. The choice should not be at the expense of the current marriage nor cause harm to the wife he already has, as that would be an injustice and therefore impermissible. [3]

It should also be noted that in the UK, only one wife is allowed to be legally registered. Any additional marriages are not recognised. This also means any additional wives will be deprived of being legally recognised and therefore deprived of other services, rights and protection they would have otherwise received in their marriage. [4]

As mentioned above, it should also be taken into consideration the situation of the times and people. During the time of the Prophet (saw), many men had multiple wives, so it was not unexpected or distressing for a wife that her husband would marry again. However, in many countries today, it is not normal nor expected for a man to have more than one wife. So whilst he is not required to ask his first wife for her permission, since having more than one wife is not the norm, before marrying his first wife a man should inform her of his plans for polygyny as a matter of decency and respect to her. Otherwise, it will likely lead to unnecessary stress and harm not only on the wife, but also to the children and respective families.

Only Allah (عز و جل) knows best.
Written by Alimah Maryam Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham

References:

[1]

﴿ وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَىٰ فَانكِحُوا مَا طَابَ لَكُم مِّنَ النِّسَاءِ مَثْنَىٰ وَثُلَاثَ وَرُبَاعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ۚ ذَٰلِكَ أَدْنَىٰ أَلَّا تَعُولُوا ۝﴾

Qur’an (4:3)

[2]

﴿ وَلَن تَسْتَطِيعُوا أَن تَعْدِلُوا بَيْنَ النِّسَاءِ وَلَوْ حَرَصْتُمْ ۖ فَلَا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِ ۚ وَإِن تُصْلِحُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ غَفُورًا رَّحِيمًا ۝﴾

Qur’an (4:129)

[3]

(يَجِبُ) وَظَاهِرُ الْآيَةِ أَنَّهُ فَرْضٌ نَهْرٌ (أَنْ يَعْدِلَ) أَيْ أَنْ لَا يَجُورَ (فِيهِ) أَيْ فِي الْقَسْمِ بِالتَّسْوِيَةِ فِي الْبَيْتُوتَةِ (وَفِي الْمَلْبُوسِ وَالْمَأْكُولِ) وَالصُّحْبَةِ (لَا فِي الْمُجَامَعَةِ) كَالْمَحَبَّةِ بَلْ يُسْتَحَبُّ …

… وَمِمَّا يَجِبُ عَلَى الْأَزْوَاجِ لِلنِّسَاءِ: الْعَدْلُ وَالتَّسْوِيَةُ بَيْنَهُنَّ فِيمَا يَمْلِكُهُ، وَالْبَيْتُوتَةُ عِنْدَهُمَا لِلصُّحْبَةِ، وَالْمُؤَانَسَةُ لَا فِيمَا لَا يَمْلِكُهُ وَهُوَ الْحُبُّ وَالْجِمَاعُ.

Raddul Muhtār (Vol.3, pg.202, Dār Al-Fiqr)

شَرْطًا آخَرَ فِيهِمَا وَهُوَ عَدَمُ خَوْفِ الْجَوْرِ أَيْ الظُّلْمِ قَالَ: فَإِنْ تَعَارَضَ خَوْفُ الْوُقُوعِ فِي الزِّنَا لَوْ لَمْ يَتَزَوَّجْ وَخَوْفُ الْجَوْرِ لَوْ تَزَوَّجَ قَدَّمَ الثَّانِيَ فَلَا افْتِرَاضَ، بَلْ يُكْرَهُ أَفَادَهُ الْكَمَالُ فِي الْفَتْحِ وَلَعَلَّهُ؛ لِأَنَّ الْجَوْرَ مَعْصِيَةٌ مُتَعَلِّقَةٌ بِالْعِبَادِ، وَالْمَنْعُ مِنْ الزِّنَا مِنْ حُقُوقِ اللَّهِ تَعَالَى وَحَقُّ الْعَبْدِ مُقَدَّمٌ عِنْدَ التَّعَارُضِ لِاحْتِيَاجِهِ وَغِنَى الْمَوْلَى تَعَالَى.

Raddul Muhtar (Vol.3, pg.6, Dār Al-Fiqr)

[4]

https://commonslibrary.parliament.uk/research-briefings/sn05051/

https://researchbriefings.files.parliament.uk/documents/SN05051/SN05051.pdf