Fatwa No. 23

Question:

I am a young man committed to his religion — by the grace of Allah — working in a mixed-gender environment. There is a young woman with me at work for whom love has fallen into my heart, and she feels the same toward me — bearing in mind that I am already married and wish to take a second wife.

At first, this young woman was not religiously committed. However, after a period of interaction with her at work, and after providing her with some religious and daʿwah lectures , she became committed — by the grace of Allah — and began wearing the hijab(ʿabāyah), and desires to wear the niqāb as well, if Allah wills. Her family, however, opposes the path of religion entirely.

She comes from a humble family and faces many family difficulties. I believe — Allah willing — that me marrying her may rectify her situation. I should note that I have given myself a period of one year to ensure that her religious commitment is genuine and that it is for the sake of Allah, not merely for the purpose of marriage. I would like to know your commentary on this matter and what you advise.

Answer:

Al-ḥamdu lillāhi rabb al-ʿālamīn. To proceed:

Allah — Exalted and Majestic — has legislated marriage to two, three, or four wives when there is a need for it, for one who senses within himself the capacity for justice and is safe from adverse consequences. (1)

However, I do not regard the continuation of this particular private relationship between you and her as permissible — even if it is conducted under the banner of daʿwah — for this is among the means (dharāʾiʿ) that lead to sin. You must therefore either proceed to formally propose to her, and then conclude the marriage contract, if you are able to do so without a prevailing harm (mafsadah rājiḥah) — or maintain a clear distance between yourself and her so as to sever the path to temptation (fitnah).

And if you reside in a country that criminalises polygyny, we do not advise you to pursue it.

The resolution of the Assembly of Muslim Jurists of America (AMJA) on the matter of polygyny states the following:

“Polygyny is an ancient religious institution and a human necessity in certain cases — particularly given the greater number of women and the prohibition of concubinage and all other illicit relationships between men and women. Islam has established a ceiling for it and restricted it to those with the capacity and ability to maintain justice. In countries where polygyny is criminalised, violating local laws should be avoided so as to prevent harm — both general and particular.” (2)

And Allah Most High knows best.