‘Fatwa’ allows 4x1 weddings

Author: Mir Ayoob Ali Khan
Publication: The Asian Age
Date: August 23, 2005

A religious institution here has issued a fatwa that a Muslim male can marry as many as four women in one sitting.

Responding to a question seeking advice from the ulema whether or not it is permissible for a Muslim male to marry two women simultaneously in one sitting, Jamia Nizamia, a 130-year-old religious institution in the city, answered in the affirmative. The English translation of the fatwa given in Urdu reads as follows: "Islamic law has allowed a man to keep four wives in his marriage simultaneously on the condition of justice. Now if he gets married to these four wives in different times and in different sittings or gets married with four wives simultaneously in one sitting before two witnesses (men) or one man and two women according to Islamic law, it is valid."

"In the case in question if one gets married with two wives in one sitting as mentioned, then legally such marriage will be effective."The fatwa has been signed by Mufti Muhammad Azeemuddin.

Sadr Qazi Muhammad Abdul Wahid Qureshi told this correspondent that he had sought a fatwa from the Jamia Nizamia after his naib (deputy qazi) performed the nikah of an Arab national with two girls in the old city on August 1. "I was not in the city that day. It was Abdur Raheem who performed that nikah," Mr. Qureshi said.

His claim was disputed by Kala Pathar police inspector Sadiq Ahmed who said the nikahnamas (marriage proformas) have the signatures of Mr. Qureshi.

One August 1, a national of the United Arab Emirates married two girls, both of them said to be below 18 years of age. He gave his name in the nikahnama as Al-Rahman Ismael Mirza Abdu Jabbar and at the hotel in which he stayed as Ahmed Saleh. He was about 45 years old. He disappeared once the news of his two marriages in one night came to light. Police is investigating the case.

In another recent fatwa, the Jamia Nizamia has absolved qazis from responsibility for data such as age, previous marriages that is entered on the nikahnama forms in relation to the bride. The fatwa said since the qazi is not allowed to personally collect information from the girl, he should accept details provided by the girl's father or guardian.

Reacting to the fatwa allowing the marriage of more than one girl at a time, expert on Islamic and Muslim affairs Professor Anwar Muazam said that technically such marriages could be correct but they are against the spirit of marriage. If such marriages are allowed someone may even give talaq to more than one woman and marry others in their place. In such a situation the number of marriages and talaqs could be very high. "Would such a thing make sense," he asked.

Another scholar, Dr Ziauddin Shakeb, said that permission to marry more than one wife to a Muslim male is conditional to his ability to do justice to his wife or wives and it was in the condition of wars. The word adl or justice is key for polygamy in Islam. "If one breaks this spirit, then it would look ridiculous," he said.
 


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