What is the ruling on one who married a second wife with the permission of the guardian, but was unable to observe justice in cohabitation (mabit), while polygyny is prohibited in his country?
The husband must fear Allah and be just among his wives. For whoever inclines to one of them over the other, will come on the Day of Resurrection with one of his sides drooping. The state's prohibition of polygyny is not a justification for oppressing a woman married secretly. If the inability to be just is due to an irresistible force beyond his control, such as imprisonment, then he is not forbidden from temporarily abandoning justice in terms night-spending, and he must be just once the excuse is removed. If the husband fears falling short in justice, he may agree with the aggrieved wife that she relinquishes a part of her right in exchange for remaining under his marital bond.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 80941
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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