Fatwa ID: 08927
Answered by: Alimah Maryam Badshah
Question:
I was married to my first wife, in 2013. From this marriage, we have been blessed with two children:
My wife, holds a government job in a small city in Pakistan, and due to the volatile nature of my employment, which requires me to relocate frequently, it is challenging for her to accompany me. Currently, I am employed in Islamabad on a two-year contractual basis. Previously, I have worked in South Korea, Denmark, and Lahore. Her commitment to her job and the necessity for me to move for work have created a situation where cohabitation is not feasible.
Moreover, I hold a Ph.D. in Mechanical Engineering, and it is not feasible for me to secure a position that aligns with my qualifications in small city, where my wife is employed. Limited industrial and academic opportunities in that area do not offer suitable employment options for someone with my expertise. Having stable and suitable employment is crucial for the welfare and development of my children. A secure and well-paying job enables me to provide them with better educational opportunities, healthcare, and overall quality of life, thereby laying a strong foundation for their future success.
I want to respectfully ask, given the above condition can I enter into second marriage with or without the permission of my first wife. I acknowledge that I have to fulfil all my financial and conjugal obligations towards both my existing and prospective wives to the best of my ability, as mandated by Islamic principles.
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)
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 his 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, the indeed Allah is the Most Forgiving and Most Merciful” Surah An-Nisā’ (4:129)
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 equal between all of his wives’ social, economical and physical needs, as well as the time and regularity in which he is with them. When considering this, he should not think about his worldly gains, but rather the consequences in both this world and the hereafter should he fail in his duties and responsibilities, or if he leaves either wife to fulfil his responsibilities in the marriage. The choice should not be at the expense of the current marriage nor cause harm to the family he already has, as that would be an injustice and therefore impermissible.
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. As for Pakistan’s “Muslim Family Laws Ordinance, 1961”, it is against the law for a man to marry another wife without written consent of his current wives, alongside proof of his ability of care and thereafter permission from the Arbitration Council.
References:
﴿ 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)
﴿ 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)
(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)
https://commonslibrary.parliament.uk/research-briefings/sn05051/
https://researchbriefings.files.parliament.uk/documents/SN05051/SN05051.pdf
https://www.refworld.org/legal/decreees/natlegbod/1961/en/73966
Only Allah (عز و جل) knows best.
Written by Alimah Maryam Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham