Is polygamy allowed?

Dear Hadi,

Dear Wondering,

We have discussed the issue of polygamy from different angles in several other questions. 

However, instead of referring you to those, we will answer your question by quoting from those answers.  

The general rule regarding the number of wives permissible in Islam is found in Surat an-Nisa (Quran 4:3): “And if you have reason to fear that you might not act equitably towards orphans, then marry from among [other] women such as are lawful to you  - [even] two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one - or [from among] those whom you rightfully possess. This will make it more likely that you will not deviate from the right course.”

In this verse, the Quran stipulates that a man may have up to four wives, thus allowing polygamy. 

However, since polygamy is one of the most misunderstood aspects of Islam, a few critical aspects need to be pointed out. 

First, this permission was not intended to establish polygamy as a positive right for Muslim men.

The goal was to restrict the unregulated polygamy that was present before Islam. 

The restriction is further circumscribed by the condition of "treating the wives equally", which cannot be ignored:  "but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one…” 

Therefore, the Quran gives only a conditional allowance for polygamy.

This has a very significant bearing on the issue of polygamy in countries such as the USA, where polygamy is not allowed under the law. We feel that the equality condition stipulated in the verse just cannot be met. Therefore, in effect, polygamy is not allowed by the Quran in the USA. 

Let us be very clear here. 

We are not trying to say that something that Allah SWT made halal is not allowed. 

We are saying that He (SWT) made polygamy halal under a specific condition (equality between the wives), which cannot be met in the United States. 

Reputable Islamic Centers and organizations always require a legal (secular) marriage license before performing an Islamic ceremony to ensue legal protections for both spouses in the courts. 

For example, on the ISNA Canada website, under requirements for marriage, you find:  “Please be sure to acquire the Marriage License from the city hall of your municipality. You will also receive a Marriage Certificate.”  

The organization Muslim Wedding Service likewise states:  “If you would like Muslim Wedding Service to perform your nikah, we do require couples to obtain a marriage license before or at the time of their nikah. This serves to ensure that your marriage is not only Islamically valid but also legal in the eyes of the law.” 

We agree entirely with this position.

In the United States (or any country where polygamy is not legally sanctioned), one wife would enjoy the legal status and protections of marriage, as well as ancillary benefits such as, for example, health insurance that comes with being a spouse etc...

In contrast, the second wife would not have any of that – no legal standing whatsoever. 

Also, the children from the first wife would be legitimate, whereas the children from the second wife would be illegitimate legally. 

We believe this constitutes a gross inequality that violates the condition stipulated in the Quran.

People often neglect to mention that there are significant classical scholarly opinions that state that although polygamy may be allowed, it is strongly recommended that men refrain from this practice and confine themselves to one wife, even if they can treat the wives equally. 

Among these scholars are such names as Imam Al-Mawaardi from the Shaafi school, Imam Ibn Qudaamah from the Hanbali school, Imam Al-Ghazali, and Imam Al-Shaafi himself. 

For more details on these opinions, you can see the following IslamiCity forum: Is Polygamy a Sunnah?  

What might support such opinions? 

Well, for example, the Quran states in Surat al-Rum (30:21): "And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect." (Yusuf Ali)

Indeed, a man deciding to take a second wife is likely to impair the ability to "dwell in tranquility" with his first wife, which is a primary goal of the marital relationship.

In our times, Sheik Ahmed El-Tayeb, the Grand Imam of Al Azhar in Egypt, issued an opinion in March of 2019 that polygamy has been misunderstood and has been used in a way that is unfair to women. 

Therefore, the question, "Does the Quran permit polygamy?" is not as simple as it sounds.

We hope that this addresses some of the issues you were wondering about.

In peace.