⚖️ Polygyny: rulings & justice · #51

Is it appropriate for a husband to take another wife while his first wife is pregnant or in postnatal confinement?

Legally it does not invalidate the new marriage, but in terms of kindness and fairness it is very inappropriate; a pregnant or recovering wife is at her weakest and most in need of support.
Allah describes pregnancy as weakness upon weakness (Luqman 31:14) and commands husbands to live with their wives in kindness (an-Nisa' 4:19). The condition of polygamy is justice (an-Nisa' 4:3), and it is hard to imagine justice when a husband's focus shifts to a new marriage while his wife is pregnant or has just given birth. The Syariah Court also weighs whether the proposed marriage would cause syarie harm (darar syarie) to the existing wife (Act 303 s.23). If he still intends to, he should wait until his wife has recovered, discuss it honestly, and make sure maintenance and presence for the first wife and the baby are not affected. See what darar syarie means.

Sources

Surah Luqman 31:14Surah an-Nisa' 4:3Act 303, s.23

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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