Analysis and explanation of the necessity of the permission of the wife in polygamy in Islamic jurisprudence and law

Document Type : Original Article

Authors

1 PhD Student, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran (Corresponding Author)

3 Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran

Abstract

There is a lot of discussion among Muslim thinkers about polygamy in the Holy Qur'an and various views have been expressed about it. Some have defended it and considered it necessary for some reason, believing that sometimes a man has to give it to his other wife in order to maintain his piety and keep his skirt free from pollution. Polygamy, on the other hand, is an opportunity for those women who do not get married for reasons such as the death of a husband or divorce. In contrast, a group has criticized polygamy. According to them, polygamy carries the risk of wasting the rights of the first spouse. Polygamy can also put spouses at odds with each other and create problems for them. In addition, polygamy puts the survival of the family at risk; because the second wife usually enters the man's life, there are many tensions in her family relationships that the children are not immune from. Another group, considering the advantages and disadvantages of polygamy, has tried to manage its disadvantages and provide solutions for it; Thus we see the formation of three different approaches to our problems. In addition, some jurists in polygamy believe in the necessity of the wife's permission by the husband, and some do not consider the wife's permission necessary for polygamy, and each of them has cited verses and hadiths for some reason.

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