In an earlier article, Mr. Qasim Rashid has suggested that it was about time that polygamy should be legalized in America, which can be read here at the Muslim Times.

On the one hand, I would like to second Mr. Qasim Rashid’s request that it is about time that polygamy is legalized in Western countries. On the other hand, however, I would like to point out that now-a-days the majority of couples in the West live together without an official marriage licence. Consequently we do not need to wait for polygamy to be legalized. We can live together without a government marriage licence. Our ‘Nikah‘ can be religious and not-registered.

It is ‘hypocritical’ to permit couples to live together without a marriage license and at the same time complain if a Muslim seeks Allah’s blessings in the form of a (second or subsequent) Nikah, which is religious marriage contract.

Therefore, in the meantime, until polygamy IS legalized, my personal opinion is that there is a way out for Muslim couples. According to Islamic law a Nikah (marriage contract) needs witnesses, but it does not need a ‘state registration.’ Allah is our witness (in addition to the human witnesses required).

Consequently Muslims in non-Muslim countries can have more than one wife in accordance with the provisions in the Islamic teachings. In the West they are called ‘partners’ these days. There is no law limiting ‘partners’ to one only. In most countries children of ‘partners’ can now be legally recognized. They can get your name. They can inherit from you. They can get your citizenship. But please check your local laws. It is not the same in every country.

In a way family laws have already come closer to recognizing polygamy. As mentioned, children’s rights are mostly guaranteed. Rights of ‘partners’ are often considered. It is strange, but the fact of the matter is that some inheritance laws are considering the rights of additional partners. They are giving them more rights in death than in life.

Of course as Muslims we would need to ensure that we treat our wives equally. This means that if the state does not take care of the inheritance and pension rights of a second wife we need to make our own alternative arrangements. This we must emphasize greatly, do not cheat the wives. If you are marrying a wife from ‘back home’ explain to her the ‘not-so-perfect’ legal situation. If you marry a second wife locally of course also explain to her the situation. Do not mislead her.

Remember: If you cannot be just then it is better for you to marry only one, according to the Quranic command.  (Al Quran 4:4) I do not consider this as a legal limitation, but, a reminder to be aware of one’s vulnerabilities and if one does have more than one wives a constant effort to treat them equally.

May Allah be our guide at all times!