Making halal forbidden: polygamy

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#1 [Permalink] Posted on 1st March 2018 03:05
Enough deobandi bashing, let's deal with another group :)

I found the wording of this response to be very strange:

Quote:
The general ruling for polygamy in our times is that it is impermissible because of the inevitable harm which comes about from such relationships, particularly amongst those who are not accustomed to such practices.[/quote]

seekershub.org/ans-blog/2015/02/28/is-polygamy-really-all...

Now I know the response is to the question in the link, but the claim of polygamy being impermissible is general.

An earlier answer (2011) by Sh. Faraz himself says it is permissible, but wrong without consulting a scholar.


[quote]The fatwa of major Arab and Indo-Pak scholars is that it is generally wrong and unwise in our times to marry a second wife, without consulting wise and knowledgeable scholars (even though it is in itself permitted), because of the harm and mess that inevitably results:


I browsed a few more fatwas and not all made the claim that is was impermissible, but all discouraged polygamy and most linked to the above 2 fatwas for further reading.

Who knows , in 100 years, polygamy may be deemed haram in hanafi fiqh.

This is not a debate as to whether it is wise to marry more than one wife , it is making something forbidden which is halal.
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#2 [Permalink] Posted on 1st March 2018 08:59
Concerned wrote:
Who knows , in 100 years, polygamy may be deemed haram in hanafi fiqh.

That is a major exaggeration brother, be it in jest.

Hanafi Fiqh is derived from the Quran first, then Sunnah etc etc.

The verse in The Quran is clear:
“Then marry women of your choice, two or three, or four but if you fear that you shall not be able to deal justly, then only one”
- Quran 4:3

So there is no point in making such comments.

We live in an age of corruption and deception, so most men will not be able to deal with their wives justly. The safest option is to marry one, hence these opinions.
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#3 [Permalink] Posted on 6th March 2018 16:49
Here is a better response:
Quote:

Shari’ah has made it compulsory upon the husband to maintain equality between his wives. If one is not capable of maintaining fairness between the wives, then it is not permissible for him to marry more than one.
In principle, it is not necessary upon the husband to take permission from the first wife to marry a second wife. However, it would be advisable and wise for the husband to discuss his intention with his wife to maintain harmony and avoid complications in the first marriage.
2)If your wife does not permit you to marry a second wife, you may consider her reasoning and apply your mind. You should also make istikhaarah and seek counsel from your elders and other reliable persons.


www.askimam.org/public/question_detail/38941
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#4 [Permalink] Posted on 6th March 2018 17:29
Making Halal as forbiden is not something new. For Example - Here.

As mentioned, it's the reason why and when too. So if a Mufti said polygamy should not be practiced, it would be based on his knowledge of the area. The same fatwa cannot be applied in places where there is no such fear of people abusing the law.

We should'nt really be making a mountain of a molehill :)
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