Archive for the ‘Polygamy’ Category

A woman may stipulate in the marriage contract that she be the only wife   Leave a comment


A woman may stipulate in the marriage contract that she be the only wife

Contrary to popular belief, a woman may stipulate in the marriage contract that she be the only wife. If he marries another, then she has the right to seek khula.No one is forcing the brother to accept that condition.If he accepts it than he MUST abide by it or she has right to leave the marriage. Please read below.
 

Ibn Qudaamah (may Allah have mercy on him) said:
“If he stipulates that he will not take her out of her house or her city, or that he will not travel with her or will not take another wife, then he is obliged to fulfil that, and if he does not do so, then she has the right to annul the marriage. This was narrated from ‘Umar, Sa’d ibn Abi Waqqaas and ‘Amr ibn al-‘Aas (may Allah be pleased with them). “
Al-Mughni, 9/483

 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
The basic principle with regard to conditions in the marriage contract is that they are valid, unless there is proof to show that they are not valid. The evidence for that is the general meaning of the evidence which speaks of fulfilling covenants:
“O you who believe! Fulfil (your) obligations”
[al-Maa’idah 5:1]
“And fulfil (every) covenant. Verily, the covenant will be questioned about”
[al-Isra’ 17:34]
and in the hadeeth narrated from the Messenger (blessings and peace of Allah be upon him) it says:
The Muslims are bound by their conditions, except a condition that forbids what is permissible or permits what is forbidden.” (Tirmidhi).
And he (blessings and peace of Allah be upon him) said:
“Whoever stipulates a condition that is not in the Book of Allaah it is not valid, even if he stipulates a hundred times.” (Bukhaari and Muslim)
To sum up, the basic principle with regard to conditions is that they are permissible and valid, whether they are to do with marriage, buying and selling, renting, pledges or mortgages, or awqaaf. The ruling on the conditions that are stipulated in contracts, if they are valid, is that they must be fulfilled, because of the general meaning of the verse (interpretation of the meaning):
O you who believe! Fulfil (your) obligations”
[al-Maa’idah 5:1].
Al-Sharh al-Mumti’, 5/241 (Egyptian edition).

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
“If she stipulates that he should not take another wife, this is permissible. Some of the scholars said that it is not permissible, because it is restricting the husband in something that Allah has permitted to him, and it is contrary to the Qur’aan in which it says (interpretation of the meaning): “then marry (other) women of your choice, two or three, or four” [al-Nisa’ 4:3]. It may be said in response to that that she has a reason to ask him not to marry another wife and she is not transgressing against anyone. The husband himself is the one who is giving up his right; if he has the right to marry more than one, he is giving it up. So what is to prevent this condition being valid?
Hence the correct view with regard to this matter is the view of Imam Ahmad (may Allah have mercy on him), which is that this condition is valid.” Al-Sharh al-Mumti’, 5/243

Shaykh Saalih al-Fawzaan (may Allah preserve him) said:
“Among other conditions that are valid in marriage is if she stipulates that he should not take another wife. If he fulfils the condition (all well and good), otherwise she has the right to annul the marriage because of the hadeeth, “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Similarly, if she stipulates that he should not separate her from her children or parents, this condition is valid and if he breaks it, she has the right to annul the marriage. If she stipulates that her mahr should be increased or that it should be in a specific currency, the condition is valid and binding, and he has to fulfil it, and she has the right of annulment if it is broken. In that case she has the choice and may decide any time she wants and may annul it whenever she wants, so long as there is nothing on her part to indicate that she accepts it if she knows that he has gone against what was stipulated; in that case she would no longer have the option.

‘Umar ibn al-Khattaab (may Allah be pleased with him) said to the one who he ruled was obliged to fulfil what his wife had stipulated, when the man said, “Divorce us in that case,” ‘Umar said: It is a must to fulfil the conditions, because of the hadeeth, “The believers are bound by their conditions.”
Al-‘Allaamah Ibn al-Qayyim said: It is obligatory to fulfil these conditions which are the most deserving of being fulfilled. This is what is implied by sharee’ah, reason and sound analogy, if the woman did not agree to become a man’s wife except on these conditions, and if it were not obligatory to fulfil them, then the marriage contract would not be based on mutual agreement, and it would be making something obligatory upon her that Allah and His Messenger have not made obligatory.”Al-Mulakhkhas al-Fiqhi (2/345, 346)

Posted February 10, 2011 by thesunnahway in Polygamy

Women who obstruct their husband from remarrying other women   Leave a comment


We request from you an advice to the women who obstruct their husbands from marrying (other women) and they believe that it is a forbidden action?

نرجو نصيحة للنساء اللائي يمنعن أزواجهن من الزواج عليهن ويعتقدن أن ذلك محرم؟Answer:

Whoever is not pleased with the book of Allaah and the Sunnah of his Messenger is upon misguidance. Allaah, the most High said: “Then in which speech after Allah and His Ayaat will they believe?” (6)(Soorah al-Jaathiyah) and the most high said, “O you who believe! Fear Allaah (by doing all that He has ordered and by abstaining from all that He has forbidden) as He should be feared. [Obey Him, be thankful to Him, and remember Him always], and die not except in a state of Islaam [as Muslims (with complete submission to Allaah)].” (102)(Soorah Aali Imraan), and he said “O you who believe! Enter perfectly in Islaam (by obeying all the rules and regulations of the Islaamic religion)” (208)(Soorah Al-Baqarah). Surrendering and submitting to the book of Allaah and the Sunnah of his Messenger, Allah says “And if you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess. That is nearer to prevent you from doing injustice.” (3)(Sooratun-Nisaa). The Messenger of Allah (peace and blessing upon him) said to Guilaan when he became muslim and had eight wives choose four of them and divorce the rest of them {narrated by Abu Daawood number 2243, Tirmidhee number 1130, Ibn Maajah number 1951 and other then them}.

من لم يقتنع بكتاب الله وسنة رسوله فهو على غير هدى، قال تعالى: ﴿فَبِأَيِّ حَدِيثٍ بَعْدَ اللهِ وَآيَاتِهِ يُؤْمِنُونَ﴾; [الجاثية:6].. وقال تعالى: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللهَ حَقَّ تُقَاتِهِ وَلا تَمُوتُنَّ إِلَّا وَأَنْتُمْ مُسْلِمُونَ﴾; [آل عمران:102]. وقال: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا ادْخُلُوا فِي السِّلْمِ كَافَّةً﴾; [البقرة:208] استسلام وانقياد لكتاب الله وسنة رسوله، يقول الله تقدس اسمه: ﴿وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ذَلِكَ أَدْنَى أَلَّا تَعُولُوا﴾; [النساء:3]، وقال النبي صلى الله عليه وآله وسلم لغيلان حين أسلم وعنده ثماني نسوة: ýاختر منهن أربعًا، وطلق ما زاد على ذلكý(2). */حاشية/ـــــــــــــــــــــ (1) الجواب النافع على أسئلة أهل الضالع (أسئلة موجهة من الشباب السلفيين بمنطقة الشعيب بمحافظة الضالع)، بتاريخ: ليلة السبت 12 ذي القعدة 1422ه.. دماج – دار الحديث. (2) رواه أبو داود رقم (2243)، والترمذي رقم (1130)، وابن ماجة رقم (1951).. وغيرهم
 

   

Shaykh Yahyah Al-Hajooree

 

   

 

 Translated by Muhammad Elmi

Posted February 10, 2011 by thesunnahway in Polygamy

Is having more than one wife sunnah?   Leave a comment


Question: is having more than one wife something permissible in Islaam or is it the Sunnah?
The Answer: Having more than one wife is the Sunnah if you have ability to do so due to the saying of Allaah The most high:
Then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice. >> [Soorah an-Nisa:3]

And also due to the action of the Prophet – sallAllaahu alayhi wa sallam – he had altogether nine women and Allaah made it a means for the Ummah to have benefited from them.

This is from the distinguished characteristics of the Messenger – sallAllaahu alayhi wa sallam, as for other than him then it is not allowed to combine more than four. As for having more than one wife then there are great benefits for men, women and all the Muslim Ummah. Indeed what is achieved/beneficial for everyone, by having more than one wife is lowering ones gaze, protection for the private parts, increase in offspring, that a man can look after the benefits of a large number of women and can defend them from causes of evil and deviances.

As for the one who is incapable of doing this and fears that he will not be just between them, then he should suffice with one due to the saying of Allaah Subhana:

<> [Soorah an-Nisa:3]

May Allaah give all the Muslims that which there is benefit for them and success for them in this world and the Hereafter. [al-Balaag magazine no.1028]

Posted February 10, 2011 by thesunnahway in Polygamy

The Hatred of polygamy is disbelief   Leave a comment


The Hatred of Polygamy is disbelief

His eminence Ibn Baaz, (raheemallaah)

Q. Some women prefer social customs in Europe, the West in general, or in non-Muslim countries. In this regard they said: “verily, plural marriages are forbidden”, for an example, legislative rulings permits plural marriages. What is the ruling of attaching this accusation (Plural marriage is forbidden) in Islam?

A. Whoever hates polygamy and claims that the lack of polygamy is best, is a disbeliever and an apostate from Islaam. For indeed he/she is a denier of Allah’s legislation, we seek refuge in Allah from the hatred of Allah’s rulings.

Allah the Almighty says: “That is because they hate what Allah has sent down (this Quraan and Islaamic laws, etc); so He has made their deeds fruitless.” (Suratu Muhammad ayah 9).

Whosoever denies what Allah has sent down their deeds will be fruitless. As for the one who denies polygamy and sees that verily the shariah indeed oppresses, or the rulings of Allah in this regard has deficiency in it, or it is not good, or what is done in Christian countries who marry one (wife) is better, all of this is apostasy in Islaam. We seek refuge in Allah from that, just like the one who will say: “verily, the obligation of Salaah is not appropriate”. Supposedly the people leave off Salaah, fasting and Zakaah it could have been better. Whoever says this he/she is a disbeliever. Whoever says verily lack of Salaah, Fasting Zakaah and Hajj is foremost, is a disbeliever. Like this, supposedly he said: it is permissible to rule with other than the sharia’h, even if the person says the sharia’h is better, but if he/she says: rulings with other than what Allah has sent down is permissible or is good, all of this is apostasy from Islaam. We seek refuge in Allah from that. What is taking place is, Verily whoever denies what Allah has sent down and what Allah legislated he/she has apostate, and like this whoever loves or is pleased with what Allah made unlawful and says it is good and appropriate for example: fornication and stealing, the individual will be a disbeliever as well. We ask Allah for His safety, Aameen.

http://www.binbaz.org.sa/mat/18069

Source: The Arabic text is from sahab.net)

Taken From The Fatawaa of our Shaykh, Allaama Mufti of the Kingdom of Saudi Arabia
Abdul Azeez bin Abdullaah Bin Baaz

Translated by Abbas Abu Yahya

Posted February 10, 2011 by thesunnahway in Polygamy

Wisdoms of Islamic Polygamy- Ibn al-Qayyim   Leave a comment


Wisdoms of Islamic Polygamy- Ibn al-Qayyim

Wisdoms of Islamic Polygamy 

Ibn al-Qayyim ‘I’lam al-Muwaqqi’in 2/64-66

the wisdom in limiting the number of wives specifically to four:

 ”…so, this is from the completeness of His blessing Shari’ah, and is in accordance with wisdom, mercy, and benefit. This is because one of the purposes of marriage is sexual intercourse and the fulfillment of one’s desire. From the people are those who are overtaken by their desire, and is not satisfied with one. So, He allowed him a second, third, and fourth one (i.e. three additional wives)…and the Legislator has attached numerous rulings to this number (three), as He has allowed the migrant to remain in Makkah for three days after completing his rituals, and allowed the traveller to wipe over his footwear for three days, and made the preferred length of hosting a guest to be three days…”

the wisdom in allowing multiple spouses for the man, in exclusion to the woman:

 ”…this is from the completeness of the Wisdom of the Exalted Lord, and His goodness and mercy towards His servants, and His taking their interests into account, and He is Exalted above doing anything other than this, and His Shari’ah is far from coming with other than this. If it was allowed for the woman to have two or more husbands, the world would be ruined, and progeny would be lost, and the husbands would end up killing each other, and a crisis would ensue, and the fitnah would become severe, and war would erupt. And how can the affair of the woman remain firm when she has bickering partners? And how can the affair of these partners themselves remain firm? So, the coming of the Shari’ah with it came with of opposition to this is from the greatest of proofs of the wisdom, mercy, and consideration of the Legisator.

So, if it is said: how can the interests of the man be taken into account, with his being able to marry whom he wants, fulfill his desire, and move from one woman to the next in accordance with his desires and needs – all while the needs of the woman are just like his needs, and the desires of the woman are just like his desires?

We answer: since it is the nature of the woman to be concealed behind the walls and hidden in the depths of her home, and her moods are cooler than that of the man, and her outer and inner movements are less than his movements, and the man has been given strength and intensity that leads his desire more so than with the woman, and he has been tested with what she has not been tested with, he is granted the choice of having multiple spouses that is not available to the woman. This is from what Allah has set aside exclusively for the male, and has preferred for them over women, just as He has preferred for them Messengership, Prophethood, Khilafah, kingship and leadership, governance, Jihad, etc. over women. Also, He has made men to be guardians over women, traversing about for the purpose of looking after their best interests, constantly on the lookout for means of sustaining them, encountering dangers, and exposing themselves to all types of hardships in the path of doing what is best for their wives. So, the Exalted Lord is Thankful and Forbearing, and He thanks them for this, and has compensated them by instilling for them what He did not instill for their wives.

And if you compare the fatigue, hardship, and efforts of the man in fulfilling the interests of the women with what the women have to endure of jealousy, you would find that the man’s share of having to endure this fatigue, hardship, and effort is much greater than what the women have to endure of jealousy…”

“As for the one who says that the desire of the woman is even more than that of the man, this is not the case. The driving force behind the desire is fervor (lit. heat). So, where is the fervor of the woman in comparison to the fervor of the male? The woman – because of her free time, slowness, and absence of what will keep her busy from the fulfillment of her desire – might be overtaken by her desire, and will not find that which would oppose it. Rather, it finds a heart and soul free from distraction. So, it is able to instill itself within her to the utmost, resulting in one assuming that her desire is multiple times that of the man, and this is not the case.

And from that which proves this is that if a man has intercourse with his wife, he can have intercourse with other women in the same time frame, and the Prophet used to go around to all of his wives in a single night, and Sulayman went to 90 women in a single night, and it is known that with each woman, he displays desire and fervor that drives him to have intercourse. The woman, on the other hand, if the man fulfills his desire with her, she becomes exhausted, and does not seek to fulfill her desire with any additional man within that time frame.

So, the wisdom of of the Decree, Legislation, Creation, and Command is implemented, and praise is for Allah.”

Posted November 14, 2010 by thesunnahway in Polygamy

There is No Contradiction in the Verses Regarding Polygyny   Leave a comment


There is No Contradiction in the Verses Regarding Polygyny.
Question:

Concerning Polygyny it is stated in the Qur’aan ”If you fear that you will not be able to deal justly [with more than one wife ], then [marry] one only .” an-Nisa :3 However, in another place it states, ”You will never be able to do perfect justice between your wives even if it is your ardent desire .” an-Nisa : 129 In the first verse being just among the wives is stated while in the second verse it makes it clear that the condition of justice could never be met. Does this mean that the first verse is abrogated and that it is not allowed to marry more than one women since the condition of justice cannot be fulfilled? Benefit us, may Allah reward you.

Answer:

There is no contradiction between the two verses. There is no abrogation by one verse of the other. The justice that is mentioned in the first verse is the justice within ones ability, which is related to being fair in division of time and maintenance.As for being just with respect to love and sexual relations, this is not within ones ability. This is what is being referred to in this verse;

”You will never be able to do perfect justice between your wives even if it is your ardent desire .” an-Nisa : 129

In a hadeeth about the Prophet (sallallaahu ‘alaihi-wasallam), Aisha [ may Allah be Pleased with her] stated,

”The Messenger of Allah (sallallaahu ‘alaihi-wasallam) used to divide his time between his wives and he was fair. He used to say. ‘ O Allah, that is my division with respect to what I have control over. Do not blame me for what You control and over which I have no control.’ ‘’

This was recorded by Abu Dawud, al- Tirmidhi, al- Nasai, Ibn Majah. It is graded Sahih by ibn Hibban and al- Haakim.

Shaykh `Abdul-`Azeez Bin Baz
Islamic Fatawa Regarding Women – Darussalam Pg. 179

Posted November 14, 2010 by thesunnahway in Polygamy

You will never be able to [perfectly] deal justly between wives   Leave a comment


“You will never be able to [perfectly] deal justly between wives even if it is your ardent desire, so do not incline too much to one of them so as to leave the other hanging. And if you do justice, and do all that is right and fear Allaah by keeping away from all that is wrong, then Allaah is All-Forgiving, Most Merciful.”  [Sooratun-Nisaa’, 4:129]

Image
Imaam ‘Abdur-Rahmaan Ibn Naasir as-Sa’dee [d. 1376] says in the commentary of these verses [pg. 208]: “Allaah, the Most High, informs us that husbands do not have the ability to be completely just between wives, and that is because complete justice requires the presence of equal love, attraction, and an inclination of the heart, and then the action this necessitates, and this is impossible, therefore Allaah has pardoned him for what he is not able (to do), and has prohibited him from that which he has the ability with His Statement “So do not incline too much to one of them so as to leave the other hanging…”. Meaning, do not incline heavily to one (over the other) to the point where you do not give them their obligatory rights, rather do all that is in your power to be just (between them). So, maintenance, clothing, the division of time etc., it is upon you to be equal between them in these, as opposed to love, sexual intercourse, etc., so if the husband abandons his wife she becomes as if she is suspended, neither divorced so as to marry, nor married where she receives her rights.” [End of the words of As-Sa’dee]

Posted November 14, 2010 by thesunnahway in Polygamy