Muslim supporters of polygamy often cite Quran verse 4:3, which instructs men to take as many wives as they can take care of, up to four, and they also point out that the Prophet Muhammad had multiple wives.
Polygamy is permitted for many social reasons. However it is by permission and not an obligation or recommendation in the Quran that a Muslim male should indulge in polygamy. at the time of the Prophet Mohamed (Peace upon Him) it was because thousands of Muslim men died in wars.
Traditional Sunni and Shia Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny).
According to the Quran, a man may have up to four legal wives only if there is a fear of being unjust to non-married orphan girls. Even then, the husband is required to treat all wives equally. If a man fears that he will not be able to meet these conditions then he is not allowed more than one wife.
Since the deferred dowry is due upon divorce, the husband is under an obligation to pay the dowry amount to the wife. In this way, the wife shall have the right to seek divorce when the husband marries another woman and she may also demand the payment of her deferred dowry.
All U.S. jurisdictions prohibit polygamy by invalidating marriages involving more than two spouses. State laws against bigamy—getting married to someone while still legally married to another person—are usually grounds for an annulment.
Stressing that as per the mandate of the Holy Quran, bigamy is not sanctified unless a man can do justice to orphans, the Allahabad High Court has observed that a Muslim man has to prevent himself to perform a second marriage if he is not capable of fostering his wife and children.
Although In modern India a polygamous marriage is null and void by the law (except Muslims), it sometimes accepted in some rural areas mostly among tribals, often with approval by earlier wives.
Islam did not make the knowing of the first wife rule of the validity of the second marriage. But we recommend the husband to tell his first wife of his second marriage, as he does not do anything forbidden, but rather it is a valid marriage.
While a second marriage can be successful, it's still a relationship composed of two imperfect people. It is still bound to have some of the same relationship issues that we all face from time to time. It can be a challenge if wounds from old relationships aren't quite healed.
Rights of the Second Wife in India
There is no specific provision for the second spouse. The second wife is not entitled to have any legal rights because such a second marriage is considered to be void. However, she has conditional maintenance right and property right.
In Islam, the attention is on building a stable conjugal relationship. Assuming a man is capable and ready to help more than one spouse then he is permitted to wed more than one wife with the condition that he will treat them all similarly. The assent of the main spouse isn't needed for a man to wed another lady.
It came in response to a question on whether hiding a second marriage from a spouse is permissible. "A husband who takes a second wife isn't obliged to tell the first. When it comes to what is recommended in such situations, women are different," Al-Mutlaq said.
He said the verse, “you will never be able to be just between wives,” means one cannot love them equally and one will not be attracted to them the same. Even if the husband spends on his wives equally and gives the same amount of his time to each, he may love one more than the others.
Bigamy is marrying someone who has already been legally married to another living person. A person cannot legally marry someone with a living spouse who is still legally married to them. A second marriage will be declared void ab initio, which means that it is null and void from the start.
Both parties to the marriage contract may request to add special conditions in their marriage contract, provided these conditions are compliant with Sharia principles. As per Sharia, a Muslim man may have up to four wives, making it is impossible to insert a clause that bans him from taking a second wife.
According to Section 5 of the Hindu Marriage Act, 1955, one's marriage to another person is void if s/he is still married to somebody else. This means, the second marriage between the second wife and the husband is void, in this case.
'If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess. That will be more suitable, to prevent you from doing injustice'.
According to Ken Munyua, a Nairobi-based psychologist, men can have a sense of attachment and commitment to more than one romantic partner, which they will define as love. “A man may be able to emotionally commit and attach himself to two women at the same time.
The classical or traditional jurists interpreted this verse as allowing a man to marry up to four wives, while the modernists as well as contextualists observed that this verse legislates monogamy and allows polygamy only under exceptional circumstances.
Polygamist comes from the Greek: poly- means "many" and gamos means "marriage." So by definition, a polygamist can be a man with multiple wives or a woman with multiple husbands.
polyandry, marriage of a woman to two or more men at the same time; the term derives from the Greek polys, “many,” and anēr, andros, “man.” When the husbands in a polyandrous marriage are brothers or are said to be brothers, the institution is called adelphic, or fraternal, polyandry.
United States: Polygamy is illegal in all 50 states, De facto polygamy is illegal under federal law, the Edmunds Act. Utah, in February 2020, reduced polygamy to the status of a traffic ticket; nevertheless recognizing polygamous unions is illegal under the Constitution of Utah.
That context was a period of tragedy in Islam after the battle of Uhud, when dozens of men from the still formative Muslim community in Medina were killed in one day. Numerous women and children were left without support. To deal with this problem, Allah revealed the verse permitting men to be polygamous.