Q&A (Fatwa)

#543: Which is better in the Shari`ah: Monogamy or Polygamy?

5QUESTION

” Please I have a question…Is marrying four wives or more than one wife is the sunnah. Or none is the sunnah.or whose sunnah”

ANSWER

Alhamdulillāh.

The ‘Ulamā of Islām are at an agreement that it is permissible in the Sharī’a to marry more than one wife, and it is the majority position that it is Harām to marry more than four wives at the same time.

It is also established by consensus that the Rasūl – salallāhu alayhi wasallam – married more than one wife in his life time and had more than one at the same time.

However, the Ulamā differed on whether it was more rewarding to be married to one wife or to be married to more than one.

That polygamy is better unrestrictedly is the position held by some of the Hanafis.

They made as evidence the verse in which Allāh legislated Polygamy:

وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي اليَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلاَثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكم

“And if you fear that you won’t be able to treat orphan girls in like of how you treat other (girls when marrying them), then marry that which pleases you of women two, three, and four. Then if you fear that you would not be just, then (marry) one or suffice with that which your right hand possess”

They explained that Allāh in this verse began with polygamy to show its preference before He mentioned the exception which is Monogamy in case of inability to practice justice.

That monogamy is better with conditions is what was upheld by the Shāfi’is and the Hanbalis.
They explained that if a man has no reasons to involve in Polygamy and his sexual urges are taken care of by one wife, then monogamy was better for him.

It is mentioned in Mughnī Al-Muhtāj:

“And it is recommended for him that he not add to his wife without a warranting need”

They made reference by saying quoting the verse where Allāh said:

( فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُوا فَوَاحِدة أو ما ملكت أيمانكم)

“Then if you fear that you would not be just, then (marry) one or suffice with that which your right hand possess”

They explained that the difficulties in establishing justice and the extra burdens that come with Polygamy are extra responsibilities that should only be carried if there was need to.

They responded to the argument of the first band of Ulamā by explaining that the context within which Allāh legislated Polygamy answers the question that their argument seem to raise.

It is recorded in Sahih Al-Bukhāri from Imām Muhammad Ibn Muslim Ibn Shihāb Az-Zuhrī from ‘Urwah Ibn Az-Zubayr from ‘Ā’ishah – radiyallāhu ‘anhā – that she explained that what was practiced by the Arabs before the Revelation is that they would treat Orphan girls with less importance when it was time to marry them. They apportioned for them less Mahr and less privileges. Allah then commanded them to equal such Orphan girls and treat them the same way as they treat non-orphan girls in Marriage. But if they will not do that, then they are not compelled to marry orphan girls. They could marry women as many as two, three, even four from other than Orphan girls.

This explanation from Ummu Al-Mu’minīn ‘Ā’ishah – radiyallāhu ‘anha – makes this matter clear.

We say, and from Allah comes Tawfīq:

There is no single Hadīth in which the Rasūl – salallāhu alayhi wasallam – gave any special merit to polygamy over monogamy. Rather, the Ahādith that generally encourage Marriage apply to Polygamy and Monogamy equally. This is clear.

That said, the ruling of marriage, and polygamy in it, would differ from persons to persons, communities to communities, and situations to situations.

Considering the conditions of some men, it will be Wājib upon them. To some it will be Recommended (Mandūb), and to some it will be Harām.

But generally, our Community today is in need of responsible polygamous homes that will reduce the high number of unmarried Muslim Women and Girls, and also reduce decadence of Morals.

And Allāh knows best.

Bārakallāhu fīkum
Jazākumullāhu Khayran

12th Jumadal athThanni 1439AH.

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