When a women learns of her husband intending a second marriage, is it permissible for her to tell him that he may not bring his second wife in her home and that he must provide a second accommodation for her. Can she say that even when her husband has only a small house provided to him by the company and he has only a limited income which may not be sufficient to keep two houses. Can he choose a Christian woman for his second wife?
Islam views marriage as a relationship between human beings. Therefore, the rights and privileges as well as the feelings and emotions of each partner in this relationship must be taken into consideration. Since the woman is the weaker partner in a marriage relationship, Islam has taken care to ensure that her rights are respected. When a man defaults on his duties towards his wife, this constitutes sufficient ground for the nullification of the marriage, if an Islamic court determines that the situation cannot be mended. Such annulification can be enforced despite the objections of the defaulting husband.
Every married woman is entitled to have a decent home of the standard to which women in her social status are accustomed. If she agrees to marry a man of limited income, she implicitly consents to have a home of the standard her husband can afford. Whatever may be the family circumstances, her right to a decent home is undeniable. This is part of something greater to which she is also entitled by right, namely, a family atmosphere based on care, affection and compassion. In short, a homely life.
It is well known that Islam allows a man to marry up to four wives at a time. When a man intends to marry a second wife, it is not obligatory that he should seek or obtain his first wife's consent. But she remains entitled to all her rights and privileges. The second wife also enjoys similar rights. Both of them are entitled to equal standard. He cannot, say, give one of them a detached two-story villa with a garden and accommodate the other in a small apartment in a large block of flats. If he does that, then he is guilty of unfair and unequal treatment.
When we consider this very carefully, we realize that it is the duty of any man who intends to marry a second wife to make sure that he can support both of them on an equal basis. The Qur'anic instruction is very clear: "If you fear that you may not treat them equally, then limit yourself to one (wife)." It may so happen that a married man finds himself deep in love with another woman and she consents to be his wife, knowing that he is of limited means. He should reflect, however, that marriage is not a temporary arrangement. He must never overlook his duties toward his first wife, or indeed the second.
The first question he should ask himself is whether he would be able to maintain two homes. It is not lawful for a man who has married two women to force them to live in the same house, whether it is big or small, unless both of them agree to that arrangement without coercion. This is due to the fact that in such circumstances it is only natural for them to harbor feelings of jealousy and hostility toward each other. Each of them will be always on the watch, trying to discover any sign of favoritism which her husband shows toward his other wife. That will inevitably lead to endless quarrels and the atmosphere in the family home will be unhealthy for the upbringing of the children. Moreover, why should a wife be exposed to such a situation which enhances ill-feelings. On the basis of this, it is perfectly legitimate for the first wife to tell her husband when he embarks on a second marriage that he must not at any time enforce on her the burden of sharing her home with his second wife. If she makes that clear to him and he nevertheless tries to impose it, then this constitutes a basis for the nullification of the marriage, if she so desires. She will be entitled to all her rights.
Having said that, I realize that not every woman who finds herself in such a situation would like to have her marriage nullified. A wife may still be young and she may have young children who need to have both their parents around. She may have no feasible alternative. If she gets her marriage nullified, she may face the problem of being separated from her children. Many a woman would sacrifice her happiness in order to stay with her children. Therefore, it is only right that a woman is given the freedom of choice with regard to the type of home she may have when her husbands marries a second or a third wife. As I have already said, a man may not force his two wives to share one house without their consent. If both of them agree to such sharing, they are forgoing part of their right and this must be on the basis of free choice.
A husband may arrange for both his wives to have separate rooms in one house only if such is the nature of housing people in the same social status as his wives have. If, for example, a man's wife comes from a family which shares her home with another family, then such a shared accommodation is the type of her equals. He may, then, ask her to have separate rooms in a house which she shares with his other wife.
When we consider all this, we find that in the case the (lady) reader cites, the husband will be ill-advised to marry a second wife. His company is unlikely to give him a second home for the second wife. Therefore, he will have to rent a flat for her which will constitute a heavy financial burden and will take a considerable portion of his income. If he is thinking of getting both his wives to share his small accommodation, he is depriving both of them of their rights. As we have said, he cannot do that unless both of them freely consent.
What we have also to consider is that Islam allows polygamy only as a solution to social problems. When a man is happy with his family life with his first wife, he should not think of marrying again. His own happiness is at stake. Having said that, it is perhaps valid to say that a man does not normally think of a second marriage, if he is happy with his first wife. When a woman finds herself threatened with the prospect of having to share her husband with another woman, she should examine her situation very carefully and think whether her husband is motivated to take such a step by the lack of happiness in the family home. Perhaps she may do something about that to ensure that everyone of her family is leading a happy life.
The other point the lady reader raises is whether it is permissible for a man who is married to a Muslim wife to choose a Christian for his second wife. The answer is that it is permissible, but far from recommended. What we have also to understand is that Islam may permit certain things but it advises its followers against resorting to them. We know that divorce is permissible, but is one legal thing which Allah dislikes most. Allah would not have allowed it, had it not been for the fact that there is a certain social need for its legality.
The same applies to marrying a woman who adheres to another faith. The problems which may arise in such a marriage are enormous, but it has been legalized nevertheless because there are circumstances which make it the most practical solution.
Polygamy: Unacceptable second marriage
Can a man marry a second wife in order to punish his first wife for her disobedience and failure to fulfill her duties towards him?
Islam provides a system which regulates family life as well as the life of the community as a whole. In every respect of its legislation and in its regulation of relations between various groups and individuals in society, Islam maintains justice, fair treatment and a balance between rights and responsibilities. In this way it provides a solid basis for a strong, closely knit community.
Within the family, Islam has established certain rules and distributed responsibilities to each of the two partners, adding commensurate rights which should be observed and fulfilled by both of them. A woman should obey her husband as long as he does not tell her to do something which is unlawful, from the Islamic point of view. In return, she is to be treated with respect and kindness and to be well looked after so that she has no worries about her own or her children's needs.
Because the woman is the weaker partner in the family relationship, Islam places strong emphasis on the importance of being fair to women, and not to abuse them in any way. The Prophet describes those who are kind and good to their wives as the best of people. He says : "The best among you are those who are best to your households; I am the best among you to my house-hold." This is a clear statement which encourages every kindness toward one's wife and children. Such a kindness is certainly a measure of good character. It is also the gauge for a happy family life. There is no doubt that by the way a man treats his wife and the care and kindness he shows her, he sets the pattern of life in the family home. If he is kind, good and caring, mutual affection and happiness will be well established. If he is quarrelsome, unkind and dictatorial, his life at home will be beset with problems. While a woman can influence the pattern of life at home to a large extent, there is no doubt that the ultimate responsibility for the happiness of the family lies with the man.
When we say this, we are certainly speaking in a general manner. Families differ as much as individuals differ in their habits, temperaments, cares and prejudices. Moreover, they differ according to the degree of compatibility between man and wife. Everyone of us requires certain qualities in his or her life partner. It is no exaggeration to say that none of us finds in the other the ideal partner that he or she has imagined before marriage. There is always need to compromise. That need continues with us through life and the more ready we are to make such compromises, the happier we become. It is perhaps with an eye to this need that one of the final commandments of the Prophet was concerned with the treatment of wives and women generally. On his deathbed, the Prophet continued to remind the followers of three areas as needing continuous attention. The first concerns man's relationship with Allah while the other two are concerned with human relations, concentrating on the need to protect the rights of two vulnerable groups in society, namely, women and slaves. He said repeatedly : "Attend to your prayers. Do not ask those whom your right hands possess to accomplish for you what they cannot do. Fear Allah in your treatment of women."
With such emphasis on the rights of women and the need to extend to them the proper and kind treatment they expect and deserve, every Muslim must do his best to ensure that in his treatment of his wife and the rest of his household, he provides an example to be followed by others. We all know that Islamic society is compassionate and caring. These characteristics start in the family home and with every member of the family extending them to the others, according to each one's responsibilities and duties.
On the basis of the foregoing principles, we look at the question posed by our reader. It is well known that Islam allows a man to marry up to four wives at any one time. Furthermore, Islam allows divorce. In each of these two cases of polygamy, there are rights which belong to the husband and each of his wives.
A man may marry a second wife for any one or a number of reasons. These, however, do not include punishing his first wife for her non-fulfillment of her duties towards him. She may be disobedient and totally undutiful. Her behavior may leave much to be desired. The proper way to correct such a situation is not by marrying a second wife. It is true that such a marriage may jolt her violently and she may correct her attitude towards her husband. But then, that is not the primary consideration in such an equation. We have to begin with the second wife who is being used as a means of punishment or retaliation in a situation in which she remains not involved up to the point of her marriage. When she accepts to marry her husband, she may be totally unaware of his intentions and the general situation which exists in his home and the relationship between him and his first wife. On the other hand, she may be given a highly false impression of that situation. What will happen next is, in most cases, a continuing rivalry, fed up by jealousy, between the two women, until one is finally able to win a special position of favor with the husband who may, in turn, suffer as a result of this rivalry. In such a situation, the making of a good family home is totally lacking. The real sufferers, at the end of the day, are the children of either one or both of the two women.
If the second marriage is intended as punishment for the first wife, is it not appropriate to ask : what happens if the punishment works and the first wife becomes obedient, loving and caring? Will the husband in this case divorce the second wife, as the role which she was brought in to play has been fulfilled? If the answer is in the affirmative and that a divorce will take place, then the whole affair is absurd. It involves an exploitation of a human being, the second wife, to remedy a situation which is neither of her making nor of her concern. Nor has she been told that her role will be over when the punishment proves to be effective. Moreover, by that time, children may have been born to the second wife and they have rights to claim against their father.
If the answer to the above question is that no divorce will take place and the second marriage is permanent, as every marriage should be, then the husband is guilty of playing games with the interests of the family as a whole. This is something which Islam does not accept at all. Islam views marriage very seriously and emphasizes that all rights of all partners must be honored and strictly observed.
To sum up, the second marriage while retaining the first wife is allowed in Islam for any of the good reasons for which such a concession has been allowed us by Allah. The duties of husband and wife must be fulfilled, as they are commensurate with their rights. A wife obeys her husband and looks after her. Both care for each other and respect and honor each other. A second marriage contracted with the aim of punishing the first wife for her lack of observance of her duties towards her husband cannot be approved because it involves unfairness to others. Moreover, it betrays an unacceptable attitude to marriage as a whole, which Islam views very seriously.
Polygamy: Why is it permitted?
Why has polygamy been allowed in Islam? What is the punishment for illegal contact between a man and a woman?
Polygamy has been permitted in Islam as a solution to social problems that may not have any other satisfactory solution. Take, for example, the case of a woman who has a chronic illness which makes her unable to satisfy her husband's needs. Rather than divorce her, her husband is allowed to have a second wife. Other examples can be given in which marriage with a second wife provides a better solution to a problem than any other alternative.
There is an important condition for a second or third marriage, namely that the husband should treat his wives with absolute fairness and equality. If he feels that he may not be able to do that, then he must not take a second wife.
Punishment for fornication [or intercourse between unmarried persons] is flogging in public with 100 lashes. Punishment for adultery [or intercourse between the married persons] is stoning to death. However, these punishments cannot be enforced unless proof is obtained either through freely given confession, [which, incidentally, may be retracted] or through the testimony of four men who testify under oath to have seen the offense being committed. Otherwise, punishment is left to Allah to inflict on the day of judgment, or in this life as He pleases. It is his prerogative to inflict punishment or to forgive the offender.