Polygamy: authorization, conditions and limits

The permission and its limit

The Law allows a man up to four wives and forbids going beyond. Ibn al-Qayyim sees in this one of the marks of the Law's perfection: the number is capped so that justice remains possible, and the revocable divorce leaves the door open for a wife who fears separation. The permission belongs to the man only: a woman cannot be married to more than one husband at a time, by the scholars' agreement. Ibn al-Qayyim explains this wisdom: if a woman had several husbands, lineages would be lost and homes would sink into conflict.

The central condition: fairness in rotation

Muslim jurists agree: a man with several wives must divide his nights equitably among them, virgins or previously married, older or newer, by virtue of the verse: "Live with them in kindness" (an-Nisa 19).

Whoever has two wives and inclines toward one of them will come on the Day of resurrection with one side of his body leaning.Abu Dawud 2133 ; Ibn Majah 1969 ; Ahmad 8549, 10092 ; Ibn Hibban 4207

The night is the unit of the division: at minimum one full night each; the day follows the night. The best model is night by night, as the Prophet practiced; if all agree on a longer period, it is lawful. A sick husband may ask his wives to let him stay with one of them, as the Prophet asked during his illness: "I can no longer go around among you; do you permit me to stay with Aisha?" (Abu Dawud 2137 ; Ahmad 25883). While traveling, he chooses to take all his wives or to pick one.

What requires no equality

• love of the heart: "You will never be able to do perfect justice among your wives" (an-Nisa 129); an-Nawawi recalls that the Prophet loved Aisha more, and no duty weighs upon feelings;
• intimacy: it follows each one's natural capacity, without blame if the difference is not intended;
• maintenance: each wife receives the nafqa matching her own situation; one Hanafi view additionally requires strict equality among them in maintenance and clothing;
• a disobedient wife loses her turn, as she loses her maintenance, until she returns to obedience.

Practical note

Polygamy is a framed permission, not a race to marry: a ceiling of four, an equitable rotation of nights, maintenance secured for each. Whoever fears he cannot be fair keeps to one wife, as the verse suggests.