After raising it in Parliament, the Sheikh of Al-Azhar clarifies the reality of polygamy in Islam

Representative Nashwa Al-Deeb’s request, a member of the House of Representatives, has sparked widespread controversy regarding the Personal Status Law and the issue of polygamy, to obtain judicial authorization and to inform the first wife.

Article 14 of the bill stipulates that “if the husband desires polygamy, he must ask the family court judge, in his capacity as summary judge, to notify the wife of his desire to marry another woman, provided that she is represented to express an opinion of approval or rejection, and the woman to be married must also be informed that he has one or more other wives. “.

According to Article 15 of the Personal Status Bill, “The court summons the wife to appear before the judge. If she announces in person and fails to appear or refuses to receive the notice knowing what he contains, this is considered his endorsement of polygamy”. , and thus the declaration fulfills its legal form.

As for article 16 of the bill, it stipulates: “If the wife to be married is represented in person or by a special agency, the judge will seek from her her approval or not of polygamy. and both parties have insisted on their position, and the wife has applied for a divorce, a decision for her financial rights resulting from the divorce, and the husband must deposit them in the court treasury within one month of his date, otherwise the polygamy authorization request will be counted back.

The bill stipulated that “if the wife does not file for divorce and her consent to marry another wife and her continuity in married life is subject to the husband’s obligation to perform his marital duties and financial, to specify an amount for her and her children if they have children, to provide for all their needs in proportion to what the husband was spending before requesting polygamy. , as well as the supervision and follow-up in the education of children and other obligations that the court deems legitimate, and if he consents, polygamy is approved for him, while giving the wife the right to request a divorce while retaining the rights of the divorced woman if he violates these obligations.

The bill specifies provisions which say: “If the husband refuses to comply with the aforementioned rights and duties and the wife files for divorce, she shall be referred to the court of first instance for divorce and to approve her rights resulting from the divorce, while granting the husband a period of time to fulfill all the rights” and “in the event that there is a precondition in the marriage certificate concerning the regulation of rights and duties in the event that the husband wishes to have polygamy, it suffices than the family court judge as a judge of urgent matters to recognize what has been agreed.

Clause 4 of the bill defines marriage as “a contract made between a man and a woman, that each shall legally replace it for each other, in a manner which is durable and is for the purpose of housing, l affection and mercy for the good of a stable family and with a valid contract with the consent of both parties”, while the first paragraph of article 5 of the bill states that “it is not permissible to to marry a man who has not reached the age of eighteen Gregorian years.”

In this context, the submitted draft law stipulates that “imprisonment for a term not less than three months and not more than one year shall be imposed on anyone who causes, contracts, undertakes, relies on or attests to the marriage contract of a minor who has not attained the age mentioned in this article, unless it is by order of the judge.” The penalty cannot be lifted in accordance with any other law.

وفى هذا الصدد، قال الدكتور أحمد الطيب، شيخ الازهرالشريف: “ثبت الزواج الثاني تعدد زوجات في الشريعة الإسلامية، بقولة فى سورة النساء «وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ Your oaths are less, that you will not be counted.” However, some people question his decision, and if it is at all or is it restricted?

He continued: The license of polygamy did not come in a separate verse or absolute rule, but rather in the context of a Quranic verse which defends orphans from the injustice to which the first wife may be exposed, to cause of polygamy if the condition linked to it is not met, which is justice between the two wives, explaining that dealing with the polygamy license is not new, since it is present in our heritage and decided by our scholars, but the dirt on heritage prevailed and another understanding prevailed which led to these dramas that we are suffering from, which led some to accuse Islam of having opened the door to polygamy, however present in Arab society. Before the advent of Islam, when Islam came to put an end to the chaos of polygamy that prevailed at that time, and to give it a ceiling when it was absolute.

And why does Islam absolutely forbid polygamy? The Sheikh of Al-Azhar said: “There would have been embarrassment for some, because polygamy in some cases is a natural right for a man, for example if the woman has no children and the husband wants to have offspring, but he must not oppress his first wife, and wants to receive the same respect that he or she receives before his marriage to her, and this wife can ask for a divorce on the grounds of prejudice if she does not agree to live with another woman, and the husband is not allowed to hold her responsible.

His Eminence the Grand Imam quoted what Imam Muhammad Abduh said about polygamy, that the admissibility of polygamy in Islam is a narrow question, in which it is the narrowest, as if it was one of the necessities that are permitted to those in need, provided that justice is established in all matters, even opposite, and not only in material matters, cohabitation and sleep, it is a false and short understanding, and the husband will not be saved from torment on the Day of Resurrection, if he is deceived and does not do justice, emphasizing that the husband applies the word of the Almighty to him: .

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