Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Treat your wives equally and justly
Rasulullah Sallahu Alaihi Wa sallam said, ‘Any man who has two wives and he does not fulfill their rights equally and justly, shall be raised on the Day of Judgement in a condition that one side of his body will be drooping.’ [Abu Dawud]
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Question and Answer:
- What are the conditions for a man to take an additional wife?
- A. As per Islamic Law, polygyny (having more than one wife at a time) is permissible provided that certain conditions are met:
- Consent of the Woman (Bride): The woman must willingly consent to the marriage without any form of coercion or pressure.
- Consent of the Man (Groom): The man must also willingly consent to the marriage and have the capacity to treat all his wives with fairness and justice.
- Legal Requirements: The marriage should fulfil all the necessary requirements of an Islamic marriage contract (nikah), including the offer (ijab) and acceptance (qubul), the presence of witnesses, and the payment of the mahr (dower) to the bride.
- Fair Treatment: The husband must be able to provide for and treat all his wives justly and equally in terms of financial support, time, and emotional care. Allah says in the Qur’an: “If you fear that you shall not be able to deal justly (with them), then only one…” (Surah An-Nisa, 4:3)
N.B. Together with the above, it is also important for the husband to inform the first wife of his intentions to marry again to ensure harmony in the marriage and to maintain equality and justice between the wives.
If the above-required conditions are met, then it is permissible for a man to take an additional wife.
And Allah Ta’ala Knows Best
Mufti Moosa Salie
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
