🏛️ Polygyny: the law · #67
How does the court judge whether a husband "will be fair" when the new marriage has not yet happened?
The court judges from past evidence and future plans: how the husband treats and maintains his existing wife, his financial ability, and concrete plans for housing, maintenance and the rota.
Allah makes justice the condition and warns: if you fear you cannot be fair, then only one (an-Nisa' 4:3). Act 303 s.23 lists the ability to be fair among the conditions that must be satisfied. Indicators commonly considered: a consistent record of maintenance, no neglect or violence, honesty in the iqrar, willingness to accept the court's conditions, and the existing wife's views. An applicant who cannot explain how the rota and maintenance will work shows a lack of preparation. A realistic written plan helps everyone. See the conditions for the court to permit polygamy.
Allah makes justice the condition and warns: if you fear you cannot be fair, then only one (an-Nisa' 4:3). Act 303 s.23 lists the ability to be fair among the conditions that must be satisfied. Indicators commonly considered: a consistent record of maintenance, no neglect or violence, honesty in the iqrar, willingness to accept the court's conditions, and the existing wife's views. An applicant who cannot explain how the rota and maintenance will work shows a lack of preparation. A realistic written plan helps everyone. See the conditions for the court to permit polygamy.