By Ustadh Abdus Shakur Brooks
Many times we hear the argument that it is permissible for a man to marry more than one wife but little do we hear about the obligatory conditions that precede it. Those conditions are more important than the rule itself because the permission is not applicable until its conditions are fulfilled. In our times many self-righteous men ignore those rules and deem themselves sound nominees for a second marriage when they don’t possess the means to take care of one wife nor the character to be just; never mind a second, third or fourth.
While they ignorantly enjoying “the good life” they destroy and oppress the life of others and so they gain the anger of Allah and his messenger. They don’t see by their careless decisions that they allow themselves to fall into the chambers of sin and anger/wrath of Allah while they falsely assume they have ‘’stepped up their deen”.
The Different Legal Rulings Pertaining To Marriage & The Prohibition Of Marrying A Women Without Financial Means
In al-Sharh al-Kabir, Shaykh Ahmad Dardir [d.1201] which is one of the most reliable books for fatwa in the Maliki madhab mentions:
“There are five rulings related to getting married. That is because a person is either interested [in marriage] or not. As for the person who is interested, if he fears that he will commit illegal intercourse it is obligatory [wajib]on him to marry even if that leads to supporting his wife by haram means. If he does not fear that he will commit illegal intercourse then it isrecommended [mustahabb] for him to marry; except if marriage leads to haram then it is haramfor him to marry. As for the person who has no interest to marry, if marriage leads to the abandonment of virtuous acts [mandub acts] then marriage is disliked [makrooh], otherwise it is merely permissible except if he intends for offspring, or intends good such as supporting a poor wife or protecting/supporting her; then it is recommended [mandub] if it does not lead to haram or else it is haram.”
Here Shaykh Dardir states that the rule of marriage differs according the situation of a person. Notice that he said “If he does not fear that he will commit illegal intercourse then it is recommended [mustahabb] for him to marry except if marriage leads to haram thus it becomes haram for him to marry “. In the margin-commentary on al-Sharh al-Kabir, Shaykh Dusuki gives some examples of what it means to lead to haram’ by saying “ Such as the detriment done to a woman due to his inability to have sexual intercourse or provide financial support…” Thus, if it is haram in this case for a person to take a single wife then how much more severe and against the shari’ah is it for a person to take a second wife knowing that he does not have the means to support her in the first place.
What Shaykh Dardir reported concerning the obligation of marriage on a person who fears that he will commit illegal intercourse even if that leads to supporting his wife by haram means, was rebutted by Ibn Rihal who said “ A person who fears illegal intercourse is legally responsible [mulkallaf] by the shari’ah to avoid it. And the reason that he is legally responsible for such avoidance is because it is in his ability to do so, just as it is in his ability to avoid a marriage that is haram. Thus it is not permissible to do a haram in order to escape a haram.” On the other hand Dusuki mentions that what Shaykh Dardir reported was based on the rule that when a person is between two haram matters then he must choose the one that is less severe. Earning haram money to support ones financial needs is less severe than committing illegal intercourse.
What Is The Meaning of “It is obligatory to be just between wives”
Shaykh Abu Hasan [d.939] mentions in his fiqh text al-Izziyah which he took from his famous commentary of Risalah called Kifayah al-Talib al-Rabbani :
“Whoever is married to two women or more, whether those women are freewomen or bondwomen, Muslim or people of the book [Jew or Christian], it is obligatory to be just/fair between them. If he is not just then he is a tyrant and sinner against Allah and his messenger. His Imamate in prayer and his testimony [in judicial matters] is not permissible [meaning unacceptable]. Whoever denies the obligation of being just is a kafir [meaning he becomes a disbeliever for denying what has been clearly revealed in the Qur’an about being just] , he is given three days to repent [ for his disbelief] if he does not repent then he is kafir [ meaning he officially considered one who left Islam and therefore is sentenced to death according to the Maliki school]. The meaning of ‘just’ mentioned here is regarding financial support [which consists of food, clothing, and housing] according to the social status of each wife. Thus, a women of higher social status according to her needs and woman of lower social status according to her needs. As well [justice refers to] sharing days, Thus, it is not permissible for a person to enter [the house of one wife] for some need if it is not her day; but instead he must request what he needs from outside the house [like on the doorstep or window] . “Sharing the days” is done by day and night [meaning one complete day such as Monday for one wife then Tuesday for the other]. He cannot share them by every two days [like Monday and Tuesday for one wife and Wednesday and Thursday for the other wife] unless they [his wives] agree to that.”
The reason why a man who is unjust is considered a sinner against Allah and his messenger is because they have both ordered men to be just to their wives and going against their order means you are disobeying them which is a grievous crime. And more so because their transgression is against another human being who does not have the ability to obtain their rights. Allah Exalted is He said [ translation] “If you fear that you cannot be just then marry only one”.
The reason why a person who denies that being just is obligatory becomes a disbeliever is because it is a denial of the established word of Allah and one who denies the established word of Allah becomes a disbeliever. Similar to this issue is the claim that it is not permissible in Islam for a man to marry four wives which also brings a person into the sphere of disbelief.
A man is responsible for the food, clothing and shelter of both wives according to their status. For example, if he were to marry a woman of high maintenance such as a woman from a very rich and noble family then he must provide for her accordingly and if one of his wives were a mid-class woman then he must provide for her at that level. This matter will also be measured according to his ability as well.
Also, it is obligatory from him to split the days one by one with both [or all] wives. For example, if Monday was X wife’s day it is haram for him to enter the Y wife’s house because doing so is unjust; unless there is some dire need such as paying a debt, business or changing clothes otherwise he will have to request his need from the doorstep or window without entering the house. It is also not permissible for him to take X wife out for an ice-cream or to some function on Y wife’s day unless Y wife agrees to give up her day either by granting him it or requesting something in return such as a gift or some type of wealth. He can also not share the days in twos or more for his own sake but rather he must seek the permission of his wives, unless there is some difficulty such as both wives living in two different cities.
One of the common things ignorant men do is pressure their wives to give up their rights and give them the guilt trip when they refuse, which is no doubt a grievous sin and nothing less than unjust; such as forcing their wives to live in one house without their consent, or to settle for insufficient financial support, or the right to have her day. He may even go as far as forcing them to work to support themselves because he cannot handle the responsibility he agreed to take care of. As the scholars mention such a person is a public sinner [fasiq] and not a respected person in the community and thus his testimony is not accepted in a court of law.
Source : al-faqih.com
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He wants her as a second wife without telling the first; should she accept?, http://www.islam-qa.com/en/ref/175097/second%20wife
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