Polygamy Law in Islam: These are the Terms and Conditions!

darulmaarif.net – Indramayu, 06 December 2025 | 16.00 WIB

In an era of social media full of controversy—from viral cases of celebrity polygamy to heated netizen debates about gender equality—the law of polygamy in Islam is often misunderstood as a husband’s free right without responsibility.

In fact, the Al-Quran in Surah An-Nisa verse 3 explicitly allows up to four wives, but with absolute conditions of fairness in income, time and attention (عدلٌ بَيْنَهُنَّ), as well as excellent financial and emotional capabilities so that no one is wronged. Rosululloh SAW warned:

On the authority of Abu Hurairah radhiyallahu ‘anhu, on the authority of the Prophet SAW who said: Whoever has two wives and is inclined to one of them, then he will come on the Day of Judgment with his share. crooked

Meaning: “Whoever has two wives and then leans towards one, he will surely come on the Day of Judgment with a slanted body” (HR. Imam Abu Dawud, Sunan Abu Dawud, Hadith no. 2133)

So, how do you implement polygamy wisely in modern times so that it becomes a blessing, not a slander for the household?

Basically, the law of polygamy is permissible as Allah says in Surah An-Nisa’ verse 3:

And if you are afraid of not being fair to orphans, then marry the women you like, two, a third, or a quarter. Be equal to one or another of your beliefs.

Meaning: “And if you are afraid that you will not be able to do justice to (the rights of) an orphan woman (when you marry her), then marry (other) women that you like: two, three, or four. (QS. An-Nisa Verse 3)

In the book Fiqh Manhaji’ in the style of the al-Imam al-Syafi’i School, he adds that the original law of polygamy is permissible, its legal status can change to makruh, sunnah or even haram according to the context of the perpetrator. The description is as follows:

Polygamy Law: Polygamy is permitted by its origin. Allah SWT says: {And if you are afraid of not being fair to orphans, then marry as many women as you like, two, three or four} [النساء: ٣]

The meaning of the verse: If you are worried that if you marry orphaned women you will not be fair to them, then you can marry other people, two, three or four people.

However, something may happen to polygamy that makes it recommended, disliked, or prohibited, depending on considerations and circumstances relating to the person who wants polygamy:

Answer: If a man needs another wife, for example he is not chaste with one wife, or his first wife is sick or barren, and he wants a child, and most likely he thinks that he will be able to do justice between them, then polygamy is recommended, because this is for legitimate interests, and many of the Companions, may Allah be pleased with him, marry more than one wife.

For. If polygamy is of no use, but rather to increase pleasure and entertainment, and he doubts his ability to uphold justice between his wives, then this polygamy is not preferred, because it is of no use, and because it can harm the wives because of his inability to do justice between them.

Meaning: “The meaning of the verse: ‘If you are worried that you will not be fair to orphans (if you marry them), then marry women who are pleasing to you, two, three, or four.’

However, with polygamy, laws can arise that make it sunnah, disgusting, makruh, or haram, depending on the considerations and conditions relating to the person who wants to practice polygamy:

a— If a man needs another wife—for example, one wife is not enough to meet his needs, or his first wife is sick, or infertile even though he wants children, and he believes he is able to act fairly towards both of them—then this polygamy becomes a sunnah of sukakad. Because there are sharia benefits in it, and many of RodliyaLlohu ‘anhum’s friends are married to more than one wife.

b— If polygamy is not carried out out of necessity, but only to increase pleasure and luxury, and is doubtful about its ability to uphold justice between its wives, then this polygamy becomes makruh. Because it is done without need, and there may be harm to his wives due to his inability to treat them fairly.” (Shaykh Dr. Mustafa al-Khin, Sheikh Dr. Mustafa Dib al-Bugha, and Sheikh Dr. Ali al-Syarbaji, al-Fiqh al-Manhaji ‘ala Mazhab al-Imam al-Shafi’i, [DKI: Beirut]matter. 34)

Even though basically the law of polygamy is permissible, the law of polygamy can also become sunnah or makruh and can even be haram, this is based on the circumstances of the person who is going to practice polygamy. If a man needs another wife, for example because his wife is often sick, or his wife is barren even though the man wants to have children and he feels he is able to do justice to his wives, polygamy is a sunnah for him.

Meanwhile, if the purpose of polygamy is not because of need, but only to achieve pleasure and have fun and there are still doubts about whether it is fair to the wives or not, then the law of polygamy for him is makruh.

Thus, the law on polygamy according to the Imam Syafi’i school of thought is flexible – permissible in essence, permissible to the point of sunnah disgust if it is driven by sharia needs such as protecting oneself from adultery or fulfilling the rights of offspring, but it is makruh or even haram if it is only for lust alone without any guarantee of justice.

The main foundation is the Al-Qur’an verse An-Nisa: 3 which emphasizes justice as an absolute requirement, as the explanation of the proposition above, invites us to return to sincere intentions and real abilities, not prestige or worldly luxury.

So, the reflective question for every prospective polygamist: will polygamy bring us closer to Allah SWT as a blessing, or will it instead become a muddy door that will destroy hearts and homes in front of Him?

Hope it is useful. Wallohu a’lam.