Polygamy is a legal system of marriage where one party marries the opposite sex more than one party at the same time. In practice polygamy is the practice of marriage to more than one husband or one wife (according to the type of sex of the subject).
Polygamy itself is the opposite of monogamy that in it there is only one husband or one wife. Read more about The Law of Wearing Perfumes For Women in Islam
The law of polygamy in Islam as well as the young married law according to Islam is permissible if somebody can do be fair to all partners. This is as stated in the following word of Allah SWT:
“And if you fear that you will not deal justly with the orphan girls, then marry those that please you of (other) women, two, three, or four. But if you fear that you will not be just, then (marry only) one or those your right hand possesses. That is more suitable that you may not incline (to injustice) “[An-Nisaa ‘/ 4: 3]
Although it is not something that is prohibited, in some people’s opinion especially feminist, polygamy is one act of oppression to women. As we know that polygamy makes husband possible to have one more wife at the same time. From the psychology side, this condition can make oppression to the previous wife. Read more about The Law of Women Wearing White Gold in Islam
Polygamy is not something that is prohibited or marriage responsibility but Rosulullah SAW limited the amount of wife whom can be had. Just like theorem from Imam Ahmad narrated from Salim, from his father that Ghailan bin Salamah ats-Tsaqafi embraced Islam when he has 10 wives, then Prophet Shallallahu ‘alaihi wa sallam said to him,
“Choose four of them.” When in ‘Umar, he divorced his wives and distributed his treasures among his children.
Abu Dawud narrated from al-Harith bin Qais bin ‘Umairah al-Asadi, he said,
“I converted to Islam, while I had eight wives. Then I mentioned it to the Prophet sallallaahu ‘alaihi wa sallam, so he said, “Choose four of them“.
Imam al-Shafi’i narrated in his Musnad from Naufal bin Mu’awiyah ad-Daili, he said,
“I converted to Islam, while I have five wives, then the Messenger of Allaah alaihi wa sallam said to me, ‘Choose four, which among they are the ones you like, and divorce others.’Then I went to the longest-living woman who had grown old, barren, with me for 60 years, then I divorced her”.
Polygamy Law Without Wife Permission
Polygamy is certainly different from hanging weddings according to Islam is an action that can only be done by men. In Indonesia, polygamy is something that reaps the pros and cons. This issue has always been a hot thing to talk about. Read more about How to Praise Your Wife in Islam
Especially with the cultural custom system that exists in our country. Then how is polygamy law without wife permission in view of Islam and state. Check out more.
Islamic Sharia Law
This emerging case raises a question “Can I marry again without the permission of the first wife because she is not willing?”
Asy-Shaikh Shalih As-Suhaimy hafizhahullah gave testimony
“Why you the coward (Shaykh joking with laughter, can be heard in his audio -pent), why ?! Most of us are cowardly on this issue. Do not tell this to the wives after this, then they will not accept it even if it is a hadith! (Shaykh laugh-pent). Yaa ikhwah !! The first wife has no right to ban you or prevent you from marrying again.
But you should introspect your condition, if you are a real man and you feel able to be fair (after being able to be fair materially and physically-pent) and your heart is strong and able to be patient with what you hear and turn a blind eye to many man’s utterances, and be the first to try earnestly be fair, then move on!
But if you think you will be one-sided and can not be fair, then do not go forward “.
But in this case, it is explained that polygamy has become one of Prophet’s sunnah that can be misunderstood. Polygamy requires husband to be fair in doing his responsibility after married in Islam to all of his wives. Read more about Importance of Thursday Night in Islam
However, the question is can a man act fair, only you can answer it. Just like Allah SWT words as follows:
“And you will never be able to be equal (in feeling) between wives, even if you should strive (to do so). So do not incline completely (toward one), and leave another hanging… “[An-Nisaa ‘/ 4: 129].
Rasulullah SAW also said about this thing and his word is :
“Whoever has two wives then tends to the one of the two over the others, and then he comes on the Day of Judgment by pulling one of his shoulders in a state of falling or inclining.”
Shaykh Ibnu Jibrin rahimahullah was once asked whether it is required for the legal marriage, a husband who wants polygamy must admit that his status is married to another woman when he is not asked about it. Read more about Importance of Shyness in Islam
Is there a consequence if he lies saying that he is not married when someone asked (when already have wife and child, he replied,
“Obviously a man should not preach to his second wife or family that he has been married before (still married) when not asked.”
But of course this will not be possible, because in marriage there must be a lot of openness and honesty. So that the household will also be harmonious and peaceful. Ibn Mas’ud said that the Messenger of Allaah ‘alaihi wa sallam said,
“You should always be honest, because honesty will convey to goodness and indeed goodness will lead to heaven. If a person is always honest and strives to be honest, then he will be recorded with Allah as an honest person”.
“Be careful of you from lying, for indeed a lie will lead to evil and evil will lead to hell. If someone likes to lie and strive to lie, then he will be recorded with Allah as a liar.“(Narrated by Muslim, no 2607)
Because polygamy is a sunnah of Prophet shallallahu ‘alaihi wa sallam and he also told us about honesty, so in order to do polygamy someone must be honest.
Law of State
As a rule of law, polygamy is also regulated in the law. There is a Marriage Law which provides an exception, of the Marriage Law, in which the Court may grant a husband permission to have more than one wife if desired by the parties concerned.
As a lawful state, polygamy also thing that is regulated by law. There is marriage law which gives an exception, in Article 3 Paragraph (2) where court gives permission to a husband to marry more than one if desired by the parties concerned. Read more about How to Avoid Anxiety in Islam
In proposing for having more than one wife, a husband must meet the following conditions (Article 5 paragraph  of the Marriage Law):
- Approval of wives / wives;
- There is a certainty that the husband is able to guarantee the necessities of life of their wives and children;
- There is a guarantee that the husband will be fair to his wives and their children.
According to KHI, husbands who want to marry more than one person must get permission from the Religious Courts. If the ensuing marriage takes place without the permission of the Religious Courts, the marriage has no legal force (Article 56 KHI).
In that case it has been clearly said that a husband who wants to take action of polygamy must obtain the permission of his first wife. If it does not get permission then the religious court can not grant the request. Although marriage can occur religiously, however, it will not get recognition in the eyes of the law.
The law of polygamy without the wife permission in the views of Islam and the state has been clearly discussed, neither from the views of religious law nor the law of the country. Hopefully more can improve your knowledge about this.
So it will certainly be able to help you to be able to take wise and appropriate steps if you happen to face the same situation. Hopefully this article can be useful.
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