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Levels of ruling in a polygynous household: wajib, sunat, harus, makruh, haram
In a polygynous household some things are obligatory, some merely recommended, and some forbidden. This page explains the five levels of ruling and labels the questions asked most often.
General information, not legal advice or a fatwa. Disclaimer
- Know the five rulings (hukum taklifi)
- Tell apart the fairness that is obligatory from the fairness that is not required in polygyny
- Tell a ruling of fiqh from an offence under Malaysian law
- Know when to consult the mufti's office
Key point: Fairness in turns and maintenance is obligatory; equal love is not required, because it is beyond human control. Having more than four wives at once, or two sisters as wives, is forbidden. In Malaysia, marrying again without court permission is an offence in law.
- Use this table to tell obligations from recommendations
- Do not treat cultural practice as obligatory
- Consult your state mufti's office when a situation is unclear
1The five rulings (hukum taklifi)
- Wajib (fardu, obligatory) — firmly required: rewarded if done, sinful if left undone. Examples: the five daily prayers; a wife's maintenance.
- Sunat (mandub, recommended) — encouraged: rewarded if done, no sin if left undone. Example: the rawatib sunnah prayers.
- Harus (mubah, permissible) — allowed; there is no demand to do it or to leave it. Example: choosing which halal food to eat.
- Makruh (disliked) — discouraged: no sin if done, but rewarded if left for the sake of Allah.
- Haram (forbidden) — prohibited: sinful if done, rewarded if avoided for the sake of Allah.
2Table of ruling levels in polygyny (Syafi'i school)
The labels below summarise the authoritative position of the Syafi'i school followed in Malaysia. For particular situations, consult your state mufti's office.
| Matter | Stage | Note |
|---|---|---|
| Fairness in the allocation of nights | Obligatory | Turns are shared equally between the wives |
| Maintenance, accommodation and clothing for each wife | Obligatory | According to the wife's needs and the husband's means |
| Equal love in the heart | Not required | Beyond human control — Surah an-Nisa' 4:129 |
| Equal intimacy | Not required | But the husband is encouraged to give each wife due attention |
| Informing the existing wife before marrying again | Not a condition of a valid marriage | Namun di Malaysia isteri sedia ada dipanggil ke pendengaran permohonan di mahkamah (contoh: Akta 303 s.23(4)) |
| Having more than four wives at one time | Haram | Limit of four wives — Surah an-Nisa' 4:3 |
| Having two sisters as wives at the same time | Haram | Surah an-Nisa' 4:23 |
| Taking another wife while sure of acting unjustly | Haram | Surah an-Nisa' 4:3 — if you fear you cannot be fair, then one only |
| Polygyny for a man who is able and confident of being fair | Harus | The ruling can change with a person's circumstances |
| Marrying again without Syariah Court permission (Malaysia) | Offence in law | Contoh: Akta 303 s.123; enakmen negeri mempunyai peruntukan serupa |
3The fairness that is obligatory and the fairness that is not
- Outward fairness — turns, maintenance, accommodation and treatment — is obligatory and can be measured.
- Fairness of the heart — love — is not required. Allah says that men will never be able to be perfectly fair between their wives however much they wish to, so they must not incline wholly to one and leave another as if suspended (Surah an-Nisa' 4:129).
- An inclination of the heart must never become injustice in turns, maintenance or treatment.
4Fiqh rulings and Malaysian law
Fiqh decides whether a contract is valid and what is sinful or rewarded; state law sets the procedures and the offences a court can punish. Both must be followed.
- Di Wilayah Persekutuan, lelaki yang masih beristeri tidak boleh berkahwin lagi tanpa kebenaran bertulis Mahkamah Syariah terlebih dahulu (Akta 303 s.23(1)), dan permohonan disertakan ikrar tentang sebab, pendapatan, tanggungan dan pandangan isteri sedia ada (s.23(3)).
- Perkahwinan yang diakad tanpa kebenaran tidak didaftarkan kecuali mahkamah berpuas hati ia sah menurut Hukum Syarak dan memerintahkan pendaftarannya, tertakluk kepada kesalahan di bawah s.123 (s.23(1A)).
- Each state has its own enactment with similar provisions — please check the latest rules at your state Syariah Court or Islamic religious office.
5Cultural practice is not a ruling
Many household practices — who cooks on which day, how a feast is arranged, how festivals are celebrated — are custom or family agreement, not obligatory rulings. Do not raise custom to the level of obligation, and do not neglect an obligation because of custom. See Managing turns in practice and Rights of husband and wife.
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