Note: Polygamy has been a subject of protest and debate ever since the relevant verses and rulings were revealed. On one side, women and women’s-rights advocates ask: “Why have you created a religious pretext for men’s lust?” On the other, supporters reply that, in addition to scriptural proofs, without polygamy there is no practical or rational way to provide for the livelihood of widows. In recent years, however, opponents of polygamy have advanced a new argument: they claim that it contradicts the Qur’anic command to “treat wives honourably” (muʿāshara bi’l-maʿrūf) and constitutes violence against the wife. Hujjat al-Islām wal-Muslimīn Seyyed Maḥmūd Madanī Bajestānī, former president of Jāmiʿat al-Zahrāʾ, maintains that such claims are neither scholarly nor logical. In his view, if a second marriage is contracted while fully observing its conditions—justice between wives, provision of maintenance, and good treatment—it is not only compatible with “treating wives honourably” but is actually an instance of it. The full text of Contemporary Jurisprudence’s exclusive interview with this teacher of advanced fiqh and uṣūl at the Qom Seminary follows:
Contemporary Jurisprudence: Is the primary (awwalī) ruling on polygamy in Islam merely permissibility (ibāḥa), or is it recommended (mustaḥabb)?
Madani Bajestani: The late Ṣāḥib al-Jawāhir, the great Shiʿi jurist, states: “Marriage is recommended, and its repetition and plurality are also recommended.” To clarify: the proofs that encourage marriage sometimes use the imperative mood, e.g., “Marry and multiply” (tazawwajū wa tanākaḥū). These proofs command marriage in principle, and like other imperatives, the obligation is discharged by a single act of compliance, because repetition is not stipulated in the command itself. Therefore these proofs do not establish the recommendation of a second marriage.
In the noble verse “If you fear that you will not deal justly with the orphans, marry women of your choice, two, three, or four; but if you fear that you will not be able to deal justly [with them], then only one…” (Q 4:3), the words “two” and “three” appear. Although “marry” (fankihū) is an imperative, since the verse was revealed in a context where people might have thought polygamy was prohibited, one may hesitate to take it as proof that polygamy is recommended.
As for the recommendation of marriage in principle, however, we have abundant evidence, such as the hadith: “No structure in Islam is more beloved to God Almighty than marriage.” Yet, as mentioned, the nature of the command is satisfied by a single instance; thus the recommendation of a second marriage is not established.
Another hadith states: “The most beloved house to God is one made prosperous by marriage.” But this too does not prove the recommendation of polygamy, because a house becomes prosperous with one marriage, and a second would be obtaining what is already obtained (taḥṣīl al-ḥāṣil).
Contemporary Jurisprudence: Can polygamy be regarded as “violence against the wife” and thus ruled impermissible or disapproved? Is there a difference in this regard between permanent and temporary polygamy?
Madani Bajesani: Polygamy must not be equated with sexual violence in the sense that every instance of polygamy necessarily entails violence against the wife. Of course, there are many narrations that strongly recommend affection and love toward one’s wife.
For example, the Prophet (ṣ) said: “The more a servant’s faith increases, the more his love for women increases.” According to this hadith, the measure of faith is directly proportional to the measure of love for one’s wife.
Imam Ṣādiq (ʿa) said: “Whoever’s love for us [the Ahl al-Bayt] intensifies, his love for women intensifies.”
Another narration from Imam Ṣādiq (ʿa): “May God have mercy on a servant who treats his wife well.”
The Noble Messenger (ṣ) counted love of women among the three things of this world he loved most: “Three things of your world have been made beloved to me: women, perfume, and the coolness of my eye has been placed in prayer.”
Imam ʿAlī (ʿa): “Treat her gently in every situation and keep good company with her so that your life may be pleasant.”
Moreover, Islam has numerous instructions that friends should openly express affection to one another. This is even more emphasised in marital life. Consider this Prophetic hadith: “When a man says to his wife ‘I love you,’ the words never leave her heart.” Thus spouses must avoid any action that causes distress or harm.
All this does not mean, however, that obtaining the wife’s consent is obligatory in every case. We cannot say that any act that upsets the wife is absolutely forbidden or that her consent is absolutely required. Yet if “sexual violence” means an act such as a second marriage that would cause real harm (ḍarar) to the wife—for instance, if a man knows that a second marriage would inflict severe psychological damage on his wife or lead to serious problems—then the proofs prohibiting harm to a believer apply and remove the permission for polygamy. There are also narrations that, despite encouraging marriage, advise against temporary marriage if it would cause distress to one’s permanent wives or shake their faith.
Therefore, even if polygamy is considered a form of “sexual violence,” it is not always and absolutely forbidden, nor is the wife’s consent always required for a second marriage. It becomes impermissible only if it causes real harm to her.
Contemporary Jurisprudence: Can verses such as “Treat them honourably” (wa ʿāshirūhunna bi’l-maʿrūf) (Q 4:19) be used to conclude that polygamy is impermissible if the first wife is inwardly unwilling?
Madani Bajestani: Some have claimed that the command to “treat wives honourably” prohibits a second marriage. In my view, this claim does not accord with the principles of uṣūl and fiqh. The meaning of “treat them honourably” is beautiful and customary treatment. Polygamy, when the conditions laid down by Islam are observed—justice between wives and the ability to provide maintenance and a good life for them—is itself an instance of honourable treatment. If polygamy were contrary to honourable treatment, the Qur’an would be contradicting itself: on the one hand commanding honourable treatment, on the other permitting (and even encouraging) marriage up to four wives. Such contradiction in legislation is impossible.
Thus the meaning of “treat them honourably”—whether with one wife or several—is that the husband must not behave in an uncustomary or unjust manner: he must not oppress, he must pay maintenance, etc. Conversely, if the wife behaves badly and neglects her duties, that too would be failure to treat honourably.
Contemporary Jurisprudence: Since polygamy has no intrinsic reprehensibility and is not, even today and in all societies, considered ugly or an instance of dishonourable treatment, can its permissibility be called into question by applying imported, non-sharʿī categories such as “violence against women”?
Madani Bajestani: Some argue that marriage has (a) rulings, (b) the Lawgiver’s taste or preference (mashrab), and (c) the Lawgiver’s purposes (ahdāf), and they use these categories to deny polygamy. They say: although the rulings permit it, the Lawgiver has commanded justice, which is impossible, so the Lawgiver’s taste is against it; likewise, one of the Lawgiver’s main purposes is tranquillity and affection, which polygamy destroys—hence polygamy is illegitimate.
This reasoning, in my view, stems from a misunderstanding of the proofs. When Islam makes polygamy conditional upon justice, and a man who needs a second marriage, is able to provide for both wives, and acts justly toward them has not violated either the command to justice or the Lawgiver’s taste. To claim otherwise would be to accuse the Lawgiver of self-contradiction: commanding marriage in one place and forbidding a second marriage in another.
The reality is this: if a man can treat his wives honourably and act justly between them, a second marriage is permissible for him; otherwise it is not. It is incorrect to issue a blanket ruling that polygamy is absolutely impermissible.
One final point: everything said above concerns primary rulings (aḥkām al-awwalī). If secondary titles apply and demand a different outcome, the ruling changes. For example, if we live in a country where polygamy is illegal, or where it would bring disgrace upon Islam and Muslims, or where a second marriage would lead the first wife to improper conduct that harms herself or others and causes great discord, then the ruling changes. Determining the presence of such secondary titles and their legal effect belongs to the faqīh, although identifying the factual existence of the title belongs to the mukallaf (the legally responsible person).