Permission to Marry Up to Four

Sharia allows a man to marry more than one woman at the same time, but limits this to a maximum of four wives. This is based on the verse in Surah al-Nisa (verse 3), and there is scholarly consensus that no more than four wives are allowed. The Prophet, peace and blessings be upon him, commanded new Muslims who had more than four wives to keep four and separate from the rest.

Is One Wife Better or More Than One?

The Hanbali scholars recommend marrying one woman if that brings protection from wrongdoing. However, polygyny may be better in certain situations, such as helping a relative who is unmarried, protecting a revert muslimah, supporting an orphan, or caring for a widow. It may also be preferred in times of war when many women are left without husbands. Therefore, while one wife may be the original rule, polygyny can be the better option when it serves a beneficial purpose in Sharia.

Conditions for Polygyny

Justice

Justice is a key condition. Allah says, “But if you fear that you will not be just, then one.” This justice refers to fairness in material matters like food, clothing, and time spent. Love and emotional inclination are not required to be equal, as they are outside of human control. If a man thinks he will be unfair in material matters, it is forbidden for him to marry another.

Financial Ability

The man must be financially able to support all his wives. If he cannot afford to spend on more than one wife, polygyny is not allowed. This condition is based on Quranic verses and the hadith commanding young men who can afford marriage to marry, and those who cannot to fast. To marry while unable to support multiple wives is considered unjust and not allowed in Islam.

Wisdom Behind Polygyny

Polygyny has many benefits for the husband, the wife, and society:

First: The wife may be infertile or unfit for marital life, and the husband desires children and intimacy.

 

Second: One wife may not meet the husband’s physical needs, especially during menstruation or postpartum.

Third: A female relative or widow may need support, and marrying her can combine financial care and protection.

 

Fourth: A martyr’s widow may need to remarry, and polygyny offers her honour and support.

Fifth: In societies where women outnumber men, polygyny protects women from remaining unmarried or falling into harm.

 

Sixth: It can strengthen family or community ties through marriage.

Seventh: After war, polygyny helps deal with the imbalance of many women and few men, offering legitimate marriage.

 

Eighth: It leads to more children and a larger workforce, strengthening the community and helping families, especially in rural areas.

Objection Response

Harm in the Household: Some say co-wives cause jealousy and harm. But problems can happen with one wife too. Even if harm exists, it is outweighed by the many benefits of polygyny.

Polygyny and the Woman’s Freedom

Preventing polygyny is actually a violation of the woman’s freedom. She chooses to marry a man who already has a wife with her own consent. It is not forced, so others should not interfere. If she agrees, it is her right.

Putting a Condition in the Marriage Contract

A woman may protect herself by setting a condition in the marriage contract that her husband cannot marry another. If he does, she can divorce herself. Even then, she may choose to stay married because she sees benefit in doing so.

Does the Judge’s Permission Matter?

Some argue that a judge should confirm if the man meets the conditions of justice and spending. But the correct view is that this responsibility belongs to the man himself. He is accountable before Allah. A judge cannot know the man’s future actions or true intentions. Family members are more capable of assessing his situation. Therefore, it is not correct to make polygyny depend on the judge’s permission.

Translation: The Sharia has allowed a man to marry more than one woman at the same time, but it has prohibited him from marrying more than four wives, meaning that a man may have up to four wives at the same time.

There is a wisdom in permitting up to four wives which is beneficial to explain before discussing the prohibition of what exceeds four and the limits of this prohibition and what falls under it.

Accordingly, this section is divided into two parts:

• • First part: Polygyny and its wisdom.
  • Second part: The prohibition of marrying more than four wives.

Polygyny and Its Wisdom

The Legal Text on Permitting Polygyny

Allah said in His Noble Book, “And if you fear that you will not be just with the orphans, then marry those who please you of women, two or three or four, but if you fear that you will not be just, then one or those your right hands possess. That is more likely that you will not commit injustice” (al-Nisa: 3). This verse is a clear proof for the permissibility of polygyny. The verse clearly permits it, so a man in Sharia may marry one, two, three, or four women, having this number of wives at the same time.

However, this permission is restricted to marrying up to four wives at most, and it is not allowed for a man to have more than four. This is the view of the commentators and jurists, and the Muslims have unanimously agreed on this with no disagreement in the matter (Tafsir Ibn Kathir, vol. 1, p. 450, Tafsir al-Qurtubi, vol. 4, pp. 12 and 18, al-Mughni, vol. 1, p. 539: A free man is not permitted to be married to more than four wives, and the scholars have unanimously agreed on this).

That is why whoever accepted Islam during the time of the Prophet, peace and blessings be upon him, while having more than four wives, the Prophet would command him to keep four and separate from the rest, as we will explain later if Allah wills.

But is it better to limit oneself to one wife or to marry more? The Hanbalis said: It is recommended not to marry more than one if a man finds sufficiency in her, because increasing the number may expose him to the unlawful. Allah said, “And you will never be able to be equal between women, even if you strive” and the Prophet said, “Whoever has two wives and leans towards one of them, he will come on the Day of Judgement with one side of his body leaning” (Al-Kashshaf al-Qina, vol. 3, p. 100).

The Stronger View Regarding Marrying One or More

Polygyny is clearly permitted with its conditions. Limiting oneself to one wife may be better if it brings sufficiency, but even then, marrying more than one might be better in some cases depending on a person’s circumstances. For example, a man who is capable of marrying more than one and has a female relative who has missed her chance at marriage may wish to protect her by marrying her.

Or there may be an orphan woman with no family or guardian, and he wants to do good to her by marrying her, bringing her into his home as a wife and providing her with protection and support.

Or he may come across a woman who has entered Islam and whose family has cut ties with her for doing so, so a Muslim man may marry her in her land or his to protect her from being lost or tempted away from the religion she embraced and Allah guided her to. Or war may break out and take the lives of many men, leaving many women behind.

In such a case, it would be preferred and recommended for capable men to marry more than one in order to support as many women as possible, those who lost their husbands or have never married. So it is not correct to say that limiting oneself to one wife, if she brings sufficiency, is always the better option.

Rather, we can say that limiting to one is the original or general principle, but marrying more than one may be better and more virtuous because of the good and preferred aims that it achieves in Sharia, as we have shown.

Conditions for the Permissibility of Polygyny

The First Condition: Justice

Allah said, “But if you fear that you will not be just, then one” (al-Nisa: 3). This verse shows that justice is a condition for the permissibility of polygyny. If a man fears that he will not be just between his wives if he marries more than one, then it is forbidden for him to marry more than one (Al-Kashshaf al-Qina, vol. 3, p, 3).

Certainty that he will not be just is not required for the prohibition to apply. Rather, it is enough that he likely believes he will not be just. If he mostly believes that he will not be able to be just if he marries another woman alongside his current wife, then it is forbidden for him to do so.

What Is Meant by Justice as a Condition for Polygyny

The justice required from the man to allow polygyny is equality between the wives in matters such as spending, clothing, time spent with each of them at night, and similar material matters that he can control and is able to do.

As for being equal in love, affection, and emotional inclination, these are matters that he is not held accountable for and is not required to be just in them between his wives, because he cannot control them.

This is the meaning of Allah’s words, “And you will never be able to be equal between women, even if you strive.” That is why the Prophet used to say, “O Allah, this is how I divide what I control, so do not hold me accountable for what You control and I do not.” Meaning, his love for some of his wives more than others.

So the justice that is a condition for the permissibility of polygyny in Allah’s words “But if you fear that you will not be just, then one” is justice in the material and controllable matters like spending, clothing, and staying the night.

As for the justice that cannot be achieved between wives, referred to in Allah’s words “And you will never be able to be equal between women, even if you strive,” it is the justice in love and emotional inclination. This is the view of the commentators (Tafsir Ibn Kathir, vol. 1, p. 151, Tafsir al-Qurtubi, vol. 5, p. 12).

The Second Condition: Financial Ability

The second condition for the permissibility of polygyny is the ability to spend on the wives, meaning the ability to financially provide for both his current wife and the new one.

In reality, the condition of spending on the wife is a general condition for marriage. Whether it is the first or second marriage, this duty remains binding on the man towards his wife as long as she is his wife. It does not fall away when he marries another. Rather, he adds another obligation to spend on the second wife. If he is unable to provide for both the first and the second wife, then it is forbidden for him to marry a second.

This condition, the ability to spend, is supported by Allah’s words, “And let those who do not find the means for marriage keep themselves chaste” (Tafsir al-Qurtubi, vol. 5, p. 407).

“…Until Allah Enriches Them from His Bounty”

Allah the Exalted, in this noble verse, commanded the one who desires marriage but cannot find the means for it in any way, to remain chaste. Among the ways marriage may become inaccessible is when one cannot afford a dowry or is unable to financially provide for a wife (Surah al-Nur: verse 33).

A similar proof for the condition of financial ability is in His saying, “But if you fear that you will not be just, then one or those your right hands possess. That is more likely that you will not commit injustice” (Surah al-Nisa: verse 3). It has been reported from Imam al-Shafiʿi that his interpretation of “lest you commit injustice” is: that your dependents do not become too many (Tafsir al-Razi, vol. 9, p. 176-177).

This points to the condition of being able to spend. The fear of too many dependents, due to the financial burden that may follow from marrying more than one woman, can overwhelm the one desiring to marry. It is thus understood from this that the ability to spend on wives is a condition for the permissibility of polygyny.

This is further supported by the authentic hadith of the Prophet, peace and blessings be upon him: “O young men, whoever among you is able to afford marriage should marry, for it lowers the gaze and guards the private parts. Whoever cannot, let him fast, for it will be a protection for him” (Sahih al-Bukhari with al-ʿAsqalani’s commentary, vol. 9, p. 106, and Sahih Muslim with al-Nawawi’s commentary).

If one is not able to afford the expenses of marriage, then it is not allowed for him to marry, even if it is his first marriage. Therefore, it is even more impermissible for him to marry a second wife while already married to the first, if he cannot support both.

To proceed with a second marriage while knowing that one cannot financially support both wives shows disregard for others’ rights and is considered a form of oppression, and oppression is not permitted in the Sharia of Islam.

Based on all that has preceded, it is forbidden injustice for a man to marry another wife while already having one, knowing that he cannot provide for both the first and the second.

The Wisdom Behind Polygyny

When the conditions for polygyny are fulfilled, its wisdom becomes clear and evident for the man, the woman, and for society. Some of the benefits of this wisdom are listed below:

First: A wife may be barren or medically unfit for marital life. The husband desires children, which is a valid desire, and he also seeks to fulfil his lawful sexual needs. There is no lawful way for him to do this except through marriage to another woman. It is just, fair, and even good for the first wife to agree to remain married and for the man to be permitted to marry another.

Second: A single wife may not be sufficient for a man due to his strong sexual drive. Women are generally unable to participate in marital intimacy during menstruation, childbirth, and postpartum recovery. A man may not be able to remain abstinent for that long. Justice requires that the matter not be made difficult for him. Rather, Islam permits him to marry another.

Third: A woman may be a relative of the man with no guardian or support. She may be unmarried or a widow whose husband has died. The man may see that the best way to help her is to bring her into his home as a wife alongside his current wife, combining between protecting her and spending on her. This is better for her than leaving her alone while merely giving her financial support.

Fourth: A woman may have lost her husband in martyrdom and is still young or in need of a spouse. It is better for her protection and well-being that she become a second wife to a man who wishes to marry her and whom she wishes to marry.

Fifth: In some times or places, the number of women may be greater than the number of men. The only way to address this imbalance is through polygyny, if dignity, honour, and protection of women is to be preserved. Without it, women will remain unmarried or become vulnerable to loss, disgrace, and dishonour.

Sixth: There are lawful interests that may call for polygyny, such as the need to strengthen ties between two families, or to strengthen ties between a leader and members of his community. He may see that the way to achieve this is through marriage, even if it results in multiple wives.

Seventh: After wars, it often happens that women become numerous and men become few due to the loss of husbands and men. This results in an increase in widows and unmarried women while men are few. This is a serious problem that burdens society. There are only two ways to deal with it:

The first: to allow polygyny and even encourage it so that the surplus number of women can be absorbed into legitimate marriages, as honoured wives in broad daylight, recognised as lawful wives by the law, with all the rights of marriage granted to them.

The second: to leave the problem to solve itself while insisting on prohibiting polygyny. This means leaving women in society vulnerable to being lost and dishonoured, while turning a blind eye to their moving between the arms of immoral men as mistresses. These women would enjoy none of the dignity or rights of a wife. The first path is the one adopted by the sharia.

Eighth: Polygyny leads to an increase in offspring and an increase in the labour force. This increase strengthens the nation, boosts production, and brings benefit to individual families. We see this clearly in villages and rural areas where polygyny brings benefits such as cooperation and increased family productivity in agriculture, animal husbandry, and other areas.

Objection

Some might object and say: Polygyny brings about co-wives in the same household, and with that come rivalry and hostility, which affects the husband, the children, and others in the home. This is harmful, and harm should be removed. The only way to prevent it is by prohibiting polygyny.

Response to the Objection

The answer is: Disputes within a family may happen even with only one wife, and they may not happen even with multiple wives, as is commonly observed. Even if we admit that disputes are more likely with multiple wives, and even if we consider such disputes harmful, it remains a harm that is outweighed by much benefit. Life is never pure harm nor pure benefit. What is required is to prioritise the option with more benefit. This is the principle considered in the permission of polygyny.

Banning Polygyny Is an Infringement on the Woman’s Freedom

Prohibiting polygyny is an attack on the woman’s freedom, because marriage is not forced. It cannot happen without the consent of the woman and her guardian. If a woman agrees to marry a man who already has a wife, and she knows her own interests, then what business is it of others? Is it right for them to raise their voices demanding a ban on polygyny under the excuse of protecting women’s interests?

Wouldn’t this demand, which contradicts the sharia, be considered interference in women’s affairs, especially in their most personal right, which is choosing their life partner through a lawful marriage, even if that partner already has a wife?

A Woman May Condition That Her Husband Not Marry Another

If a woman fears polygyny, she may protect herself by including a condition in her marriage contract that her husband not marry another woman. If he does, she has the right to divorce herself, as we will explain later. Yet the woman who makes this condition may still prefer to remain his wife despite him marrying another, because she sees that her interest is better served by not using this right of divorce.

Is the Judge’s Permission Required for Polygyny?

Lastly, we ask: Is the judge’s permission a condition for allowing polygyny? Some modern writers have said yes, arguing that since justice and the ability to spend are conditions for polygyny, then the judge’s permission is merely to ensure those two conditions are met, not an additional requirement.

The answer is: The correct view is that the two conditions for permitting polygyny, namely justice between wives and the ability to spend on them, are matters left to the man himself to evaluate. He is responsible before Allah for fulfilling them. If he fears injustice and still proceeds with polygyny, he is sinful and accountable before Allah.

But if he proceeds despite that fear and ends up being fair and just, and he repents from taking action while fearing injustice, then there is no blame on him, if Allah wills, since his fear of injustice was misplaced. Likewise, he alone can assess his financial ability.

Furthermore, giving the judge this authority brings no real benefit. He cannot confirm anything that would justify intervention. Justice and injustice are matters of the future, and one cannot judge them beforehand. A man may appear just outwardly and yet be deeply unjust, especially in how he treats his wife. He may also be suspected of being unfair but in reality be fair. He may appear to lack means but in fact be hardworking, and provision is in the hands of Allah.

Matters of justice, oppression, financial ability or inability relate to both the man and the woman and their families. The woman and her family are more concerned and capable of evaluating the man proposing to her than any judge. Therefore, leaving this matter to them and keeping the judge’s hand out of it is what truly protects the woman’s interests, because she and her family care more about her interests than the judge ever could.

Polygyny Is Permissible Without the Judge’s Permission

For all these reasons, it is not valid according to the Sharia to give this authority to the judge or to make the permissibility of polygyny dependent on his approval.