A Refereed Study

Justice between Wives regarding

Maintenance

Dr. Abdullah bin Saalih Az-Zeer*

* Assistant Professor of Jurisprudence, Department of Sharee'ah, University of Taif,

Saudi Arabia.
 Justice between Wives in Maintenance

Preamble
All praise belongs to Almighty Allah who created human beings
from water and established among them relations of marriage
characterized by intimacy, mercy and love; I praise Him and thank Him
for His countless blessings. I bear witness that there is no deity worthy
of worship except Allah, with whom we associate no partners and who
knows what is hidden in our hearts. I also bear witness that our Prophet
Muhammad is the slave and messenger of Allah who has guided us to
the best way; may Allah's peace and blessings be upon him, his family
and companions.
Indeed, the family, as the very foundation of society and the source
from which nations and peoples naturally emerge, basically comprises
the husband and wife: "O mankind! We created you from a single [pair]
of a male and a female, and made you into nations and tribes, that you
may know each other. Verily, the most honoured of you in the sight of
Allah is (he who is) the most righteous of you. And Allah has full
knowledge and is well acquainted [with all things]." (Al-Hujuraat, 49:
13). Moreover, the family is the shelter where human beings find
stability and peace of mind and soul. Therefore, the institution of
marriage is the foundation on which the entire universe is built, in
which the soul can find tranquillity and joy, by which life can be
organized and through which chastity can be preserved. Through
marriage, Allah joins together lineages among distant people, establishes
relations of consanguinity and brings about material and moral wealth:
"Marry those among you who are single, or the virtuous ones among
yourselves, male or female: if they are in poverty, Allah will give them
means out of His grace: for Allah encompasses all, and He knows all
things." (An-Nur,24:32) In fact, marriages serve to establish a
relationship of amity between husband and wife that brings them closer
to each other and eliminates all hardships that the daily life may pose:
"Live with them on a footing of kindness and equity. If you take a dislike
to them it may be that you dislike a thing, and Allah brings about
through it a great deal of good." (An-Nisaa', 4:19)
Among the great and wonderful features of the Islamic Sharee'ah is
that it attaches equal importance to the interests of the individual and

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the community alike. The Muslim community is in need of marriage in

order to generate successive generations that add to its strength and
maximize its resources in order for it to compete and excel in all walks
of life and to have the position it deserves among nations. Moreover, the
Muslim individual needs to have a good offspring that will bring about
happiness for him in this life and the life to come. He also needs
marriage to maintain his chastity and protect himself against prohibited
and unlawful acts. It is for this reason that Allah has made it lawful for
Muslims to marry one, two, three or four wives in order to realize the
interests of both the individual and the community at large. Through the
sublime rules Islam has laid down to make the institution of marriage
successful, it has at once guaranteed happiness for the individual and
dignity for the community. In order for the Muslim family to be blessed
and happy, Islam has also established rules of justice in case of
polygamy so that both the individual and the community may attain the
prospected harmony and concord and prevent any shortcomings and
defects that may arise as a result of injustice among wives.
This aspect of justice is achieved through numerous subtle rules and
controls which Muslim jurists have discussed in ample detail and even
written volumes detailing every aspect of justice between wives.
However, some of the topics related to this issue need to be elaborated
on, especially the one related to equality in maintenance (nafaqah) which
I have sought to discuss in the present study. It should be noted that this
right of equality is part and parcel of the other rights that should be
given to each wife.
The main question that arises here is: Is it obligatory on the husband,
after fulfilling all his obligations towards his wives, to treat them equally
as far as maintenance is concerned? Is this matter within his capacity or
not?
Introduction
Topic One: Is Polygamy the Rule or the Exception?
Allah has made polygamy permissible if certain conditions are met,
most important among them is justice between wives: "Marry women of

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your choice, two or three or four; but if you fear that you shall not be
able to deal justly (with them), then only one."2
Muhammad bin Jareer At-Tabaree comments, "If you guarantee that
no injustice will be exercised in treating your wives, you are then
permitted to marry two, three or four wives. However, if you fear that
you will not be able to treat them justly, do not marry more than one
wife."3
Ash-Shaafi'ee contends, "I prefer that the man marries only one wife
even if he is permitted to marry more than one."4
The well-known scholar Ash-Shanqeetee writes, "To be fair, one
should admit the permissibility of polygamy."5
Some contemporary jurists argue that the original rule regarding
marriage is to have more than one wife for those who have the resources
to treat their wives justly, for such a practice guarantees more chastity
for both the husband and the women he marries, more support for the
women who may not find someone to marry and more offspring who
will serve to increase the strength of the Muslim nation. It should be
noted that the Prophet (may Allah's peace and blessings be upon him)
married more than one wife; Allah says, "You have indeed in the
Messenger of Allah a beautiful pattern [of conduct] for any one whose
hope is in Allah and the Final Day, and who engages much in the Praise
of Allah."6 Anas bin Maalik (may Allah be pleased with him) narrated,
"A group of three men came to the houses of the wives of the Prophet
asking how the Prophet worshipped [Allah], and when they were
informed about that, they considered their worship insufficient and said,
'There is no way to compare ourselves with the Prophet [in matters of
worship] while his past and future sins have been forgiven.' Then one of
them said, 'I will offer the prayer throughout the night forever.' The
other said, 'I will fast throughout the year and will not break my fast.'
The third said, 'I will keep away from the women and will not marry
forever.' Allah's Apostle came to them and said, 'Are you the same

2 Surat An-Nisaa', 4:3.

3 Tafseer At-Tabaree, 7/540.
4 Yahya Al-Umraanee, Al-Bayaan fi Madhhab Al-Imaam Ash-Shaafi'ee, 11/189.
5 Ash-Shanqeetee, Muhammad Ameen, Adhwaa' Al-Bayaan, 3/377.
6 Surat Al-Ahzaab, 33:21.

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people who said so-and-so? By Allah, I am more submissive to Allah

and more afraid of Him than you; yet I fast and break my fast, I do sleep
and I also marry women. So, he who does not follow my tradition in
religion is not from me (i.e. not one of my followers).'"7 It should be
noted that the above hadeeth concerns polygamy as much as it covers
marrying a single wife.8
Topic Two: Wisdom behind the Permissibility of Polygamy
There is no doubt that the legislation laid down by Allah for human
beings encompasses great benefits, some of which are known to people
though many remain beyond their comprehension. The Islamic Sharee'ah
is definitely meant to realize the interests of communities and prevent
harms. Muslim scholars have elaborated on the secrets and benefits of
the permissibility of polygamy, some of which are summed up in the
following points:
1. Polygamy adds to the chastity of the members of society, both
males and females. Moreover, marrying more than one woman adds to
the reward that an individual may attain, as clearly explained by the
Prophet (may Allah's peace and blessings be upon him). Abu Dharr
narrated, "Some of the people from among the companions of the
Prophet (may Allah's peace and blessings be upon him) said to him,
'Messenger of Allah, the rich have taken away the reward. They observe
prayer as we do; they keep the fasts as we do, and they give sadaqa
(charity) out of their surplus riches.' Upon this the Prophet (may Allah's
peace and blessings be upon him) said, 'Has Allah not prescribed for
you [a course] by following which you can [also] do sadaqa? In every
declaration of the glorification of Allah (i.e. saying Subhaan Allaah) there
is a sadaqah, and every takbeer (i.e. saying Allaahu Akbar) is a sadaqah, and
every praise of His (saying al-Hamdu Lillaah) is a sadaqah and every
declaration that He is One (La ilaaha ill-Allaah) is a sadaqah, and enjoining
of good is a sadaqah, and forbidding of that which is evil is a sadaqah, and
in man's sexual Intercourse [with his wife] there is a sadaqah.' They (i.e.

7 Reported by Al-Bukhaaree, Muhammad bin Ismaa'eel, Al-Jaami' As-Saaheeh, Book of

Marriage, part on Encouraging People to Marry, Hadeeth no. 5063, 3/354.
8 This view is expressed by Sheikh Abdul Azeez bin Baaz. See Fataawaas by the Scholars
of the Holy City by Khaalid Al-Juraisee, p. 494.

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the companions) asked, 'Messenger of Allah, is there a reward for him

who satisfies his sexual passion among us?' He replied, 'Tell me, if he
were to devote it to something forbidden, would it not be a sin on his
part? Similarly, if he were to devote it to something lawful, he should
have a reward.'"9
2. Polygamy has been permitted because it is a means of increasing
the number of progeny. The Prophet (may Allah's peace and blessings
be upon him) exhorted Muslims thus: "Marry kind and productive
women for I will feel proud of your [large] numbers on the Day of
Judgment."10
3. Polygamy is a clear expression of following the example of the
Prophet (may Allah's peace and blessings be upon him) for he adopted
polygamy. Therefore, men who are capable of meeting the conditions
and expenses of polygamy are exhorted to marry more than one woman.
Allah says, "You have indeed in the Messenger of Allah a beautiful
pattern [of conduct] for any one whose hope is in Allah and the Final
Day, and who engages much in the Praise of Allah."11
4. Polygamy is also one way in which Islam secures women's rights.
In fact, Islam gives precedence to public interest over personal interest.
Polygamy is without doubt a public interest, and Islam has permitted it
so that the huge numbers of women compared to men can find
husbands. If a man were allowed only one woman, many women would
have been left without husbands. Had Islam not permitted polygamy,
illegitimate children would have been everywhere, as is the case in
western countries nowadays. The first victim of such a state would be
the woman herself, who would then have to bring up a child whose
father she does not know! What sort of justice is this then? This example
clearly points up the great importance Islam attaches to women's rights.
It should be noted here that after the Second World War, European
women demonstrated in quest of polygamy for the number of spinsters
amounted to 25 million.12

9 Reported by Muslim, Book of Zakat, no. 1006, 2/770.

10 Reported by Abu Dawood, no. 2050, 2/542 and An-Nasaa'ee, no. 3227, 6/66 through
an authentic chain of narrators.
11 Surat Al-Ahzaab, 33:21.
12 Wahbah Az-Zuhailee, Polygamy, p. 21.

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6. Women are more subject to sexual imperfections and infertility

disorders than men. Instead of divorcing a wife having such a defect, the
husband may marry another woman and keep the defective wife instead
of divorcing her to be able to marry another wife.
7. Some men are oversexed and need more than one wife to satisfy
their sexual urges. Imaam Ahmad writes, "I am of the opinion that men
of this time should marry two, three or four wives if their intention is to
maintain their chastity."
8. Polygamy brings more families into the circle of consanguinity.
Marrying more than one wife normally fosters relations among people
from different lineages. Allah says, "It is He Who has created man from
water: then has He established relationships of lineage and marriage: for
your Lord has power [over all things]."13
9. A man may admire a woman for her high morals or religious
commitment, or the other way round. The only legal way to join
together is through marriage.14
10. Differences may occur between the husband and his wife for
which the only solution is divorcing the wife and marrying another one.
However, these differences may be settled later on and the husband and
ex-wife may wish to go back to each other. The only way to solve this
problem is polygamy.15
11. Polygamy increases amity and love between the husband and
his wives such that when it is the turn of any one of them, both the
husband and wife would feel more craving for the other after three days
of separation.16
12. Polygamy is one way of taking care of many families which have
many daughters for whom they are unable to find husbands. Indeed, the
only way to solve the problems of many spinsters is to apply the
institution of polygamy. Moreover, divorced women who find it
difficult to marry men who marry for the first time would find it much
easier to have husbands among those who are already married.

13 Surat Al-Furqaan: , 25:54.

14 Ihsaan Al-Otaibee, Rules of Polygamy in the Light of the Qur'an and the Sunnah, p. 32.
15 Ibid.
16 Ibid.

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13. Many men die and leave behind their wives with some orphans
who find no way to be looked after other than being put under the care
of another man through marrying their mother. The Prophet (may
Allah's peace and blessings be upon him) said, "The guardian of an
orphan and I in Paradise are like this," and he joined his middle and
index fingers together [as he said this].17 Hence, polygamy is the best
way to find a husband for the widow and a guardian for her orphan
children, which is eventually a way to earn more reward from Allah by
the husband.
14. Polygamy is a means to richness. Allah says, "Marry those among
you who are single, or the virtuous ones among yourselves, male or
female: if they are in poverty, Allah will give them means out of His
grace: for Allah encompasses all, and he knows all things."18 The Prophet
(may Allah's peace and blessings be upon him) said, "Three persons will
certainly receive Allah's help: the fighter for the sake of Allah, the slave
wishing to free himself and the one wishing to marry for the sake of
preserving his chastity."19 He also said, "Marry women, for they will
bring you wealth."20
Topic Three: The Permissible Number of Wives
Allah has permitted every Muslim man to marry up to four wives,
which number should not be exceeded under any circumstances. Allah
says, "Marry women of your choice, two or three or four."21 Prior to
Islam, men used to marry as many women as they wished without any
limits or conditions. When Islam was revealed, it prescribed a limit to
the number of women one may marry. Islam prescribes that the
maximum number of women a man can marry is four. In compliance
with the Islamic teachings, the companions of the Prophet (may Allah's
peace and blessings be upon him) who were married to more than four

17 Reported by Al-Bukhaaree, Book of Marriage, no. 5304, 3/413 and Muslim, no. 2983,
4/2285.
18 Surat An-Nur, 24:32.
19 Reported by At-Tirmidhee, no. 1655, 42/157. Abu Eesaa At-Tirmidhee said, "This

hadeeth is good." It is also reported by An-Nasaa'ee, Book of Marriage, no. 3218, 6/61.
20 Reported by Al-Haakim in Al-Mustadrak, 2/160. He said, "This is an authentic hadeeth

according to the conditions stipulated by Al-Bukhaaree and Muslim.

21 Surat An-Nisaa', 4:3.

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wives divorced the wives exceeding four. Qays bin Al-Haarith (may
Allah be pleased with him) narrated, "When I embraced Islam I had
eight wives. I came to the Prophet (may Allah's peace and blessings be
upon him) and mentioned this fact to him. He said, 'Choose four of
them.'"22 Ghailaan bin Salamah Ath-Thaqafee (may Allah be pleased
with him) embraced Islam and he had ten wives who also embraced
Islam. The Prophet (may Allah's peace and blessings be upon him)
instructed him to choose four of them and divorce the others.23
There is a consensus among Muslim scholars that a free, healthy
Muslim of legal age has the right to marry up to four free Muslim
women or less. They have also agreed that marrying more than four
women is not permissible for any Muslim other than the Prophet (may
Allah's peace and blessings be upon him).24
However, some erroneous points of view contrary to the opinion of
the majority of scholars consider it permissible to have more than four
wives at a time. Al-Qurtubee writes, "You should know that the
numbers two, three and four do not in any way mean that one is
permitted to have the total of them (i.e. nine wives), as alleged by some
of those who do not understand the Book and the Sunnah and who hold
views contradicting those adopted by our rightly-guided predecessors.
Their argument that the Prophet (may Allah's peace and blessings be
upon him) had nine wives at one time is unfounded because such a case
is special for the Prophet (may Allah's peace and blessings be upon him).
This wrong contention is adopted by the Shi'ites and some of the
Dhahirites. This view reflects their utter ignorance of the [Arabic]
language and the Sunnah and a blatantly contradicts the consensus of
Muslim scholars."25

22 Reported by Ibn Maajah, Book of Marriage, no. 1952, 1/628.

23 Reported by At-Tirmidhee, Book of Marriage, no. 1128, 3/435 and Ibn Maajah, Book of
Marriage, no. 1953, 1/628.
24 Ibn Hazm, Maraatib Al-Ijmaa', pp. 62-63.
25 Al-Jaami' li Ahkaam Al-Qur'an, 5/13. Al-Qurtubee discussed these weak views and
refuted them.

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Topic Four: The Benefit of Limiting the Number of Wives to

Four
It goes without saying that a Muslim should completely submit to all
that Allah and his Messenger have ordained, whether he comprehends
the wisdom behind such legislations or not. This rule of faith is clearly
established in the following Qur'anic statement: "The answer of the
believers, when summoned to Allah and His Messenger, in order that he
may judge between them, is no other than this: they say, 'We hear and
we obey'. It is such as these that will attain felicity."26 When Umm
Mu'aadhah (may Allah be pleased with her) asked Aa'ishah, the mother
of believers (may Allah be pleased with her) about the wisdom behind
the menstruating woman making up for missed fasting days but not for
missed prayers, Aa'ishah (may Allah be pleased with her) exclaimed,
"Are you a Harurite [Kharijite]?" She replied that she was not a Harurite
but she was only asking to know. Aishah replied, "This was happening
to us and we were ordered to make up for missed fasting days but not
missed prayers."27 So Aa'ishah justified such a case as compliance with
the orders of the Prophet (may Allah's peace and blessings be upon
him).
However, this complete submission to the orders of Allah and His
Messenger does not impede the Muslim from trying to understand the
wisdom behind some divine injunctions, as the Sharee'ah is originally
meant to realize interests and prevent harms.
Some scholars have tried their best to explain the wisdom behind
limiting marriage to four wives. Ibn Al-Qayyim writes, "The number of
wives has been limited to four while the number of female slaves
(immaa') has been kept unlimited. This is a clear indication of the perfect
and wise legislation which is a manifestation of mercy and the best
interest of the Muslim community. Marriage is normally meant to satisfy
the sexual needs of both the male and female members of society in a
lawful way. However, some men are oversexed and hence need more
than one wife to satisfy their sexual needs. Therefore, Allah has given
them the right to marry a second, a third and a fourth wife. This number

26 Surat An-Nur, 24:51.

27 Reported by Al-Bukhaaree, no. 321, 1/120.

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is obviously in complete harmony with the physical nature of the man

who can satisfy his sexual desires in the right manner through
polygamy…However, the Legislator has laid down certain conditions
for any man wishing to have more than one wife which he ought to fulfil
in order for him to be permitted to marry more than one wife."28
Ash-Shanqeetee states, "Limiting the number to four wives signifies
the highest degrees of wisdom, for this number is the middle between
one wife who may not satisfy the sexual needs of some men and the
number exceeding four wives which may cause injustice between
wives."29
That being said, the wisdom behind limiting the number of wives to
four can be summed up in the following:
1. This limitation to four wives is in complete harmony with the
nature of the man with regard to satisfying his sexual needs and ability
to satisfy the sexual needs of his wives.
2. It also supports some statistics which generally indicate that the
number of women equals four times the number of men.
3. It gives man some freedom of choice among types of women with
regard to religion, beauty, wealth and lineage, with regard to colour:
white, blonde, fair and black and with regard to build: tall, short, lean
and fat.
4. It agrees with the monthly period which usually lasts for one
week; one fourth of the month.
In spite of the above reasons which are based on discretion, the
general wisdom behind limiting the number of women to four is
unknown. It is something that only Allah, the Creator of human beings,
knows.30

28 I'laam Al-Muwaqi'een, 2/103.

29 Adhwaa' Al-Bayaan, 3/380.
30 See Abdun-Naasir Attaar, Polygamy, p. 187 ff; Muhammad Az-Zharaanee, Perspectives

on Polygamy, p. 54; Dr. Abdullah At-Tayyaar, Justice in Polygamy, p. 40 and Abdul

Kareem Zaidaan, Elaboration on the Ruling regarding Women, 6/289-290.

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Topic Five: When One is Required to Marry more than One

Wife
To marry only one wife is a matter that can be ruled on depending
on the conditions of each man. It is sometimes mandatory, at other times
liked and yet at some other times disliked. It is mandatory for men who
fear might commit adultery, according to the majority of jurists; such
men are required to act in a way that is bound to protect them from
committing unlawful deeds.31
For men with less sexual inclinations, it is more desirable to marry
than engaging in optional acts of worship. This is the opinion of the
majority of jurists who adopt the rational way of interpreting the laws of
Sharee'ah (ahlur-Ra'ee) and the apparent opinion and practice of the
companions of the Prophet.32
However, men who have no sexual inclination towards women or
suffer from some disorders which may prevent them from satisfying the
sexual needs of women are ruled on in one of two ways according to Ibn
Qudaamah: "1. It is desirable for them to marry and 2. It is disliked for
them to marry, the latter being the better view, for they do not meet the
conditions of marriage and, in this case, they will most likely cause harm
to their wives by preventing them from marrying men who can satisfy
their sexual needs. By so doing, these men end up being burdened by
additional rights and obligations which are bound to prevent them
preoccupying themselves with beneficial knowledge."33
Therefore, it can be said that the right of polygamy depends on the
conditions of each man: his sexual needs that urge him to marry more
than one wife and his ability to meet the conditions of marriage.
As has already been stated, polygamy is originally permissible
provided that justice between wives is maintained especially with
regard to preserving their chastity so that no harm is caused to them and

31 Al-Mughnee, 9/341; Ibn Hubairah, Al-Ifsaah, 2/110; Az-Zaila'ee, Tabyeen Al-Haqaa'iq,

2/95-96; Al-Hattaab, Mawaahib Al-Jaleel, 3/403; Al-Bahootee, Kash-shaaf Al-Qinaa', 5/6-
7; Sharh Muntahaa Al-Iraadaat, 3/2; Al-Mardaawee, At-Tanqeeh, p. 213 and Ibn Hajar,
Fathul Baaree, 9/9.
32 Tabyeen Al-Haqaa'iq, 2/95; Fathul Qadeer, 3/100; Mawaahib Al-Jaleel, 3/403; Tuhfat Al-

Muhtaaj, 7/183
33 Al-Mughnee, 9/343-344.

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the ability to satisfy their living requirements. Allah says, "Let those who
find not the wherewithal for marriage keep themselves chaste, until
Allah gives them means out of His grace."34
Therefore, if a man is confident that he will not be able to observe
justice between his wives, it is prohibited for him to marry more than
one wife. Moreover, it is disliked for him to marry more than one wife if
he feels that one of his wives will be treated unjustly. However, it is
obligatory on any man who feels that he may commit adultery to marry
more than one wife.
Ibn Al-Arabee Al-Maalikee describes this as follows: "If a man is
financially and physically capable to marry up to four women, he may
do so, but if he is neither financially nor physically capable to marry four
women, he may marry as many women less than four as he can satisfy
their needs both financially and physically. It is a well-known fact that if
a man has one wife and could satisfy her financial and sexual needs, it is
better for him not to marry another woman who, if not satisfied, might
feel that inequality is being exercised against her. The result, of course,
will be disputes and lack of amity and love."35

Chapter One
Definition of Justice, its Rules and Controls, who is
Obliged to Observe it and who is Entitled to it
Topic One: Definition
According to Ibn Faaris, the Arabic verb "'adl" has two contradictory
meanings: the first one denotes justice and equality while the other one
denotes deviation.36 Generally speaking, the word 'adl means justice or
fairness, i.e. doing one's duties and receiving one's rights.37
Technically speaking, jurists differ as to the definition of 'adl (justice)
between wives depending on their differences regarding the application
of the principle of justice. The Hanafites define it as refraining from
injustice between wives. They do not mean that justice should include

34 Surat An-Nur, 24:33.

35 Ahkaam Al-Qur'an, 1/313.
36 Mu'jam Maqaayees Al-Lughah, 4/246.
37 Al-Mu'jam Al-Waseet, 2/588.

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absolute equality. According to them, equality in maintenance is not

obligatory.38 Others, however, define it as equality between wives
according to the status of each one of them, as contended by Ibn Hajar.39
Therefore, justice can be defined as "equality between wives in the
rights where equality can be maintained and giving each wife sufficient
rights where equality cannot be realised."
Topic Two: Rules of Justice between Wives
Among the great features of the Islamic Sharee'ah is that human
beings are enjoined to do what is in their capacity. Allah says, "On no
soul does Allah place a burden greater than it can bear."40 He also says,
"Fear Allah as much as you can."41 Therefore, the man who marries more
than one wife is only required to be just in matters where he can be just.
Indeed, no husband can observe justice between his wives in all respects
even if he tries hard to do so. Allah says, "You are never able to be fair
and just as between women, even if it is your ardent desire: But turn not
away [from a woman] altogether, so as to leave her [as it were] hanging
[in the air]."42 Therefore, the type of justice that is within the capacity of
the husband is the one that serves to realize equality between wives in
terms of food, clothing, maintenance, accommodation and share of
sexual intercourse.
As for matters related to love, amity and carnal desire, these are not
subjects of justice or equality. Allah has created human beings with
certain inclinations which they cannot control no matter how hard they
may try. Aa'ishah (may Allah be pleased with her) said, "The Prophet
(may Allah's peace and blessings be upon him) was just in dividing his
time between his wives but used to say, 'O my Lord! This is my division
as to what is within my capacity; so do not blame me for that which is
beyond my capacity.'"43 Mujaahid writes, "Do not deliberately cause

38 Radd Al-Muhtaar Alaa Ad-Dur Al-Mukhtaar, 2/398.

39 Fathul Baaree, 9/224.
40 Surat Al-Baqarah, 2:286.
41 Surat At-Taghabun, 64:16.
42 Surat An-Nisaa', 4:16
43 Reported by Abu Dawood, no. 2134, 2/601; An-Nasaa'ee, no. 3943; At-Tirmidhee, no.

1140, 3/446; Ibn Maajah, no. 1971, 1/634; Ibn Hibbaan, no. 4192, 6/302 and Al-
Haakim, 2/187. Al-Baihaqee classified it as authentic in As-Sunnan Al-Kubraa, 7/298.

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harm to your wives; rather be fair in giving each one her time of sexual
intercourse and share of maintenance, for these things are within your
capacity."44 Ibn Qudaamah states, "We do not know of any difference
whatsoever among scholars as to equality in giving wives their share of
sexual intercourse.45 Allah says, 'Treat them equitably', a rule that is not
met if there is any type of inequality among wives."46 Abu Hurairah
(may Allah be pleased with him) narrated that the Prophet (may Allah's
peace and blessings be upon him) said, "Whoever inclines more to one of
his two wives will come on the Day of Judgment with an inclined
body."47
It is beyond doubt that the husband is required to treat his wives
equally in matters where he can be just and to act in good faith in
matters where he cannot be fair. His love for goodness and his fear of
Allah in matters that are not subject to fairness are the main elements
that control his acts, for Islam requires Muslims to do all things with a
view to pleasing Allah and seeking reward in the hereafter. Allah says,
"Whatever good you do, surely Allah knows it well."48 After stating that
men can never realize justice between wives, Allah says, "… but if you
do good and are righteous, Allah is well-acquainted with all that you
do."49 Hence, the way to realize the required justice is to do good and
observe righteousness: "If you come to a friendly understanding, and act
righteously, Allah is Oft-forgiving, Most Merciful."50
Observing justice 'in shares' means that the husband "should divide
his time between his wives"51 equally, even without having sexual
intercourse52, and that he should divide his time of sleep between his

In Fathul Baaree, Ibn Hajar states, "It is narrated by the four prominent scholars of
hadeeth and is classified as authentic by Ibn Hibbaan and Al-Haakim", 9/313.
44 Al-Qurtubee, Al-Jaami' li Ahkaam Al-Qur'an, 5/261.
45 Surat An-Nisaa', 4:19.
46 Al-Mughnee, 10/235.
47 Reported by At-Tirmidhee, no. 1141; Abu Daawood, 2133, 2/601;Ibn Maajah, no. 1969,

1/633, Ibn Al-Jaarood, no. 722; Ibn Hibbaan, 4207 and Al-Haakim, Al-Mustadrak, 2/186
with an authentic chain of narrators.
48 Surat An-Nisaa', 4:127.
49 Surat An-Nisaa', 4:127.
50 Surat An-Nisaa': 129.
51 Al-Hajjaawee, Al-Iqnaa', 3/244.
52 Al-Qalyoobee and Umairah, Al-Haashiyah , 3/199.

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wives equally. The husband is thus required to give each wife a time
equal to that given to the other wives (one day or more for each one)
depending on the number of wives he has.
Topic Three: Ruling on Justice between Wives
There is no difference among jurists that justice between wives is a
duty on the part of the husband as much as this aspect of justice is
within his control and capacity, like distributing his time, sleeping with
each wife and kindness to each one of them on equitable terms. As for
the heart feelings, the husband is not required to observe justice between
his wives because these feelings and desires are beyond his control.53
Allah says, "Allah does not place a burden on a soul that is greater than
it can bear."54
The proofs supporting the above conclusion can be summed up in
the following:
1. Allah says, "But if you fear you will not deal justly [with them],
then only one."55 Al-Kamaal bin Al-Humaam writes, "This statement
signifies that the solution of marrying four wives is limited by the fact
that no injustice is feared to be committed and this means that one wife
is enough for any husband who fears to commit any kind of injustice
with regard to any of his wives. To conclude, justice is mandatory if a
husband has more than one wife."56
2. Allah says, "Treat them equitably."57 There is no doubt that lack of
justice between wives contradicts the orders of Allah to treat wives
equitably, for inclining to one wife more than the others is contrary to
equitable treatment.
3. Allah says, "Follow not the lusts [of your hearts], lest you swerve,
and if you distort [justice] or decline to do justice, verily Allah is well-
acquainted with all that you do."58 He also says, "O you who believe!
stand out firmly for Allah, as witnesses to fair dealing, and let not the

53 Ibn Qudaamah, Al-Mughnee, 10/235 and Al-Qurtubee, Al-Jaami' li Ahkaam Al-Qur'aan,

5/12.
54 Surat Al-Baqarah, 2:286
55 Surat An-Nisaa', 4:3.
56 Fathul Qadeer, 3/299.
57 Surat An-Nisaa', 4:19.
58 Surat An-Nisaa' 4:135.

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hatred of others to you make you swerve to wrong and depart from
justice. Be just: that is next to piety, and fear Allah; for Allah is well-
acquainted with all that you do."59
These Qur'anic statements are clear proofs that Allah has ordered
Muslims to observe justice as a general and comprehensive principle
that should be applied to all members of society. Wives are the closest
members of society to the husband; Therefore, he should treat them
justly even if he dislikes any of them.
4. The Prophet (may Allah's peace and blessings be upon him) told
Umm Salamah when he married her and stayed with her for three days,
"You are not less [as far as equal treatment is concerned] than any of my
wives and if I spend seven days with you, I have to spend seven days
with each of them."60
5. Abu Hurairah (may Allah be pleased with him) narrated that the
Prophet (may Allah's peace and blessings be upon him) said, "He who
has two women and inclines to the one more than the other will come on
the Day of Judgment with an inclined body."61
As for the proof supports the fact that no justice is required in
matters which are beyond the control and capacity of the husband,
Aishah (may Allah be pleased with her) said, "The Prophet (may Allah's
peace and blessings be upon him) was just in dividing his time between
his wives but used to say, 'O my Lord! This is my division as to what is
within my capacity; so do not blame me for that which is beyond my
capacity.'"62
What is beyond the husband's control and capacity is the heart
feelings which are not material. He may love one wife more than the
others.63 This fact is clear in the Qur'anic statement, "You will never be
able to do justice between wives even if it is your ardent desire. So do
not incline completely [towards one] and leave another hanging [in the
air]."64

59 Surat Al-Maa'idah, 5:8.

60 Reported by Muslim, no. 1460, 2/1803.
61 Already verified.
62 Already verified.
63 Wahbah Az-Zuhailee, Polygamy, p. 13.
64 Surat An-Nisaa', 4:129.

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Chapter Two
Rulings on Justice between Wives in Maintenance
Topic One: Definition of Maintenance
The Arabic word "nafaqah" means maintenance, a term that is only
used for good things. Ibn Faaris states that the word is used for two
different meanings: the first to denote the end of something while the
other to denote concealment; but when used in their contexts, they
become close to each other in meaning.
The first meaning is given in the verse: "Say, 'If you had control of
the Treasures of the Mercy of my Lord, behold, you would keep them
back, for fear of spending them out: for man is [every] niggardly!"65 66
Technically speaking, the term "nafaqah" has several definitions. Ibn
'Aabideen defines it as "giving the person you are responsible to support
sufficient provisions of food, accommodation and clothing."67 However,
Al-Kamaal bin Al-Humaam defines it as "spending for someone as
much as it sustains him."68 Yet, according to Al-Hudood by Ibn 'Arafah,
the term is defined as "spending for a human being as normally keeps
him in a state of well-being without any extravagance."69
Al-Khateeb Ash-Sharbeenee writes, "The financial rights [upon the
husband] in marriage are seven: food, anything eaten with bread,
clothing, cleaning materials, furniture, accommodation and household
helpers if the wife used to have one before she got married."70 Al-
Bahootee defines it as "giving someone you are responsible to support
bread, anything eaten with it, clothing, accommodation and related
items."71
The above shows that nafaqah (maintenance) means the right of a
wife upon her husband to provide her with food, clothing,
accommodation and other things necessary for life."

65 Surat Al-Israa', 4:100

66 Mu'jam Maqaayees Al-Lughah.
67 Ad-Dur Al-Mukhtaar, 2/886.
68 Fathul Qadeer, 4/378.
69 Abu Abdullah Ar-Rassaa', 1/421.
70 Mughnee Al-Muhtaaj, 3/426.
71 Sharh Al-Muntaha, 3/343.

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Topic Two: Ruling on Maintenance of the Wife and Related

Textual Proofs
All jurists agree that it is obligatory on the husband to support his
wives. Ibn Rushd writes, "They (i.e. scholars) are generally agreed that
the rights of the wife include financial support and clothing." 72 Ibn
Qudaamah writes, "Supporting the wife is obligatory [on the husband]
according to the Qur'an, Sunnah and consensus of scholars." 73 In the
Qur'an we read, "Let the man of means spend according to his means;
and the man whose resources are restricted, let him spend according to
what Allah has given him. Allah puts no burden on any person beyond
what He has given him."74 He also says, "We know what We have
appointed for them as to their wives and the captives whom their right
hands possess."75 He also says, "The mothers shall give suck to their
offspring for two whole years, if the father desires to complete the term.
But he shall bear the cost of their food and clothing on equitable
terms."76 Al-Umraanee writes, "This is clear proof that supporting the
wife during the time of birth is obligatory on the husband and it leaves
no doubt whatsoever that spending for her is a duty at all times."77
Moreover, Allah says, "Men are the protectors and maintainers of
women, because Allah has given the one more [strength] than the other,
and because they support them from their means."78
In the Prophet's Sunnah, Hakeem bin Mu'aawiyah Al-Qushayree
(may Allah be pleased with him) narrated on the authority of his father
that he asked the Prophet (may Allah's peace and blessings be upon
him) about the right of the wife upon her husband and he replied, "[Her
right] is that you feed her from the food you have and clothe her from
the clothes you have."79

72 Ibn Rushd, Bidayat Al-Mujtahid, 2/40.

73 Ibn Qudaamah, Al-Mughnee.
74 Surat At-Talaaq, 65:7.
75 Surat Al-Ahzaab, 33:50.
76 Surat Al-Baqarah, 2:233.
77 Al-Bayaan fi Madhhab Al-Imaam Ash-Shaafi'ee, 11/185.
78 Surat An-Nisaa', 4:34.
79 Reported by Abu Dawood, no. 2142, An-Nasaa'ee, no. 9171, Ibn Maajah, 1850. Al-

Haafidh bin Hajar said, "Al-Bukhaaree considered it as an addition while Ad-

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Ibn Al-Qayyim writes in this connection, "This hadeeth is a proof that

the wife is entitled to financial support and clothing without any specific
limits but in any way as equitable as possible and as much as the
husband's resources may allow him to spend. As long as it is considered
a right by the Prophet (may Allah's peace and blessings be upon him), it
is, therefore, mandatory on the husband to observe it at all times."80
Jaabir (may Allah be pleased with him) narrated that the Prophet
(may Allah's peace and blessings be upon him) delivered a speech in
which he said, "Fear Allah regarding women, for you have taken them
as a trust from Allah and taken them as your wives by the word of
Allah; you have to support them and clothe them on equitable terms."81
Al-Bukharee and Muslim reported that Hind bint Utbah came to the
Prophet (may Allah's peace and blessings be upon him) and said, "Abu
Sufyan is a miser, so is it sinful of me to feed our children from his
property?" Allah's Apostle said, "No except if you take for your needs
what is just and reasonable."82
As for the consensus of jurists, Ibn Qudaamah writes, "Scholars are
agreed that spending on wives is mandatory on the part of their
husbands except in the case of disobedient wives."83
Topic Three: Reasons and Conditions for Considering
Maintenance of Wives Obligatory
The basis on which spending for wives is considered obligatory on
husbands is the valid marriage contract which gives the husband the
right to enjoy his wife. Ibn Qudaamah writes, "It is because the husband
has the right to enjoy his wife, prevent her from earning her own living.
Therefore, he should support her."84
As for the conditions that should be met in order to oblige the
husband to spend on his wife, the majority of scholars have stated four
conditions as follows:

Daraqutnee rated the hadeeth as authentic in Al-'Ilal." See At-Talkhees Al-Habeer, 1/212.
Al-Albaanee also said, "it is a good and authentic hadeeth."See Irwaa' Al-Ghaleel, 7/98.
80 Tahdheeb Sunan Abi Dawood, 3/67-68.
81 Reported by Muslim, no. 1218.
82 Reported by Al-Bukhaaree, no. 2311 and Muslim, no. 1714.
83 Al-Mughnee, 11/348.
84 Al-Mughnee, 11/348.

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1. The wife should enable her husband to have sexual intercourse

with her by surrendering herself to him or by showing willingness to
surrender herself to him in a manner that does not show any signs of
objection or rejection when he asks her to do so, whether the husband
has actually consummated his marriage with her or not, and whether
she or her guardian calls him to consummate the marriage or not.85
However, the Maalikites have stipulated certain conditions for
maintenance to be mandatory before the consummation of marriage.
These conditions are: the wife or her guardian should ask the husband
to consummate marriage with her; she should be able to have sexual
intercourse; the husband should be of legal age and neither the husband
nor the wife be close to death at the time of asking the husband to
consummate the marriage. However, if the husband has already
consummated the marriage, they stipulate certain other conditions,
namely, the husband should have enough resources and the wife should
not cause her husband to lose the right to have sexual intercourse with
her without having a legal justification. If she does so by disobeying
him, she is not entitled to any type of maintenance.86
2. The wife should be mature enough and physically fit to have
sexual intercourse. If she is too young to tolerate sexual intercourse, then
she is not entitled to any maintenance whatsoever because maintenance
becomes mandatory based on enabling the husband to have sexual
intercourse with his wife. It is not acceptable to oblige the husband to
spend on his wife if sexual intercourse with her is not possible.87
3. The marriage contract should be valid. If it is invalid, the husband
cannot be obliged to spend on his wife. Rather, the contract should be
terminated. In this case, the wife cannot be considered as fulfilling the
right of her husband because enabling him to have sexual intercourse
with her under an invalid contract is impermissible. Thus, no
maintenance is mandatory on the husband. The author of Ad-Durr Al-
Mukhtaar argues, "Maintenance of the wife becomes obligatory only

85Badaa'i' As-Sanaa'i', 4/18 ff; Fathul Qadeer, 3/324; Mughnee Al-Muhtaaj, 3/435 and Kash-
shaaf Al-Qinaa', 5/473.
86 Jawaahir Al-Ikleel, 1/402; Ash-Sharh As-Sagheer, 1/480 and Ad-Dusooqee, Ash-Sharh Al-

Kabeer , 2/508.
87 Ibid. See also Al-Mirdaawee, Al-Insaaf , 9/393.

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under a valid marriage contract. If it becomes known that the marriage

contract is invalid, the husband may claim the amounts he has spent in
supporting his wife."88
4. The husband's right to have sexual intercourse with his wife at any
time he wishes should be secured unless there is a legal reason that
prevents the wife from having sexual intercourse with him. If the wife
refuses to grant him this right by disobeying him or by being refractory
when he calls her to bed, then she is not entitled to any maintenance
unless failure of having sexual intercourse is due to the husband
himself, in which case she is absolutely entitled to maintenance. This is a
point of agreement among scholars. However, the Maalikites argue that
maintenance is obligatory on the husband if the wife is not responsible
for the husband's missing his right of sexual intercourse with her.89
Topic Four: The Amount of Maintenance the Husband must
Provide
As has already been stated, jurists are in agreement as to the fact that
the wife's maintenance is mandatory on the husband. Maintenance
includes food, clothing and accommodation, as the Qur'an clearly states:
"But he (i.e. the husband) shall bear the subsistence and clothing of their
[wives] on equitable terms."90 "Let the women live in the same style as
you live, according to your means. Annoy them not, so as to restrict
them."91 They are also agreed that the amount of maintenance provided
for clothing and accommodation cannot be specified; that the husband is
obliged to provide his wives with sufficient clothes and suitable
accommodation but always taking the conditions of wealth and poverty
in consideration.92 However, they have differed as to the amount of
maintenance related to food. Two points of view are expressed in this
regard:

88 Ad-Durr Al-Mukhtaar, 2/644 and Al-Muhadhab, 4/599.

89 Ibid.
90 Surat Al-Baqarah, 2:233.
91 Surat At-Talaaq, 65:6.
92 Bidayaat Al-Mujtahid, 2/41; Fathul Qadeer, 4/195-195; Iqd Al-Jawaahir Ath-Thaminah by
Ibn Shaas, 2/298, Hashiyat Ad-Dusooqee, 2/209, Al-Bahootee, Sharh Al-Muntahaa ,
3/244.

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1. Maintenance is estimated by what is enough for the wife.

Therefore, the amount of maintenance differs depending on the
condition of the wife who is entitled to this maintenance. This is the
opinion expressed by the majority of scholars from the Maalikites, the
Hanafites and the Hanbalites.93
2. Maintenance is clearly specified; it is two mudds (handful amount
of food) every day if the husband is wealthy enough, one mudd if the
husband is poor and one mudd and a half if the husband is of average
wealth. According to jurists, a poor person is one who is entitled to zakat
or one who does not earn enough. As for the type of food subject to the
above amount, it is the common food of the country where the couples
live, such as wheat, barley, dates or the like. However, if the food
commonly consumed in the country differs from one region to another,
the type of food suitable for the husband is the one that should be taken
into account. This is the opinion expressed by the Shaafi'ites.94
Proofs
I. Proofs Supporting the Majority of Scholars' Opinion
1. Allah says, "But he (i.e. the husband) shall bear the subsistence
and clothing of their [wives] on equitable terms."95
Argumentation: Allah has made the maintenance of wives
mandatory but has not specified it. With regard to maintenance, He uses
the word "subsistence" (rizq) which, according to public norms, covers
sufficient living means like the earnings of any tradesman.
2. From the Sunnah, the advocates of this opinion quote the hadeeth
about Hind, the wife of Abu Sufyaan, thus: "Hind bint Utbah came to
the Prophet (may Allah's peace and blessings be upon him) and said,
'Abu Sufyan is a miser, so is it sinful of me to feed our children from his
property?' Allah's Apostle said, "No except if you take for your needs
what is just and reasonable."
Argumentation: The Prophet's statement "what is just and
reasonable"96 is clear proof that maintenance should be sufficient.

93 Mughnee Al-Muhtaaj, 2/426-427 and 3/432 and Al-Mughnee, 11/349.

94 Al-Mughnee, 11/349; Badaa'i' As-Sanaa'i', 4/23, Ash-Sharh Al-Kabeer bi Hashiyat Ad-
Dusooqee, 2/509; Kashaaf Al-Kinaa', 5/460.
95 Surat Al-Baqarah: 233.
96 Reported by Al-Bukhaaree, no. 5364, 3/427 and Muslim, no. 7/1714, 3/1338.

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Therefore, the wife has the right to take what is sufficient for her without
specifying any amount.
3. Also from the Sunnah, they quote the Prophet's statement: "You
shall bear their subsistence and clothing on equitable terms."97
Argumentation: Here the Prophet (may Allah's peace and blessings
be upon him) estimates the wife's maintenance by what is equitable.
What is equitable here is what is sufficient, for anything less than
sufficient is not equitable. Hence, it is mandatory on the husband to
maintain his wives with sufficient means of living.98
4. Through reasoning, the advocates of this opinion argue that the
reason of making maintenance of wife mandatory on the husband is that
she confines herself for him; she cannot earn her living since she is
obliged to fulfil the rights of her husband. Therefore, she should be
provided with sufficient living means.99
5. They also argue that drawing an analogy between specified
amounts of expiation and amounts of the wife's maintenance is invalid
for the mere reason that expiation are not obligatory expenses but pure
acts of worship like charity and zakat. Moreover, the amounts of
expiation are specified in analogy with zakat, whereas the wife's
maintenance is not an act of charity. Therefore, sufficiency is the rule
that determines the amount of maintenance as is the case of the
maintenance of relatives.100
II. Proofs Supporting the Shaafi'ites' Opinion
They quote proofs from the Qur'an and others proofs based on
reasoning as follows:
1. From the Qur'an they quote the verse: "Let the man of means
spend according to his means: and the man whose resources are
restricted, let him spend according to what Allah has given him. Allah
puts no burden on any person beyond what He has given him."101
Argumentation: Allah makes a distinction, with regard to the wife's
maintenance, between the wealthy husband and the poor one but states

97 Reported by Muslim, no. 147, 2/886.

98 Abdul Kareem Zaidan, Elaboration on Rulings regarding Women, 7/194.
99 Badaa'i' As-Sanaa'i', 4/23.
100 Al-Mufassal, 7/193.
101 Surat At-Talaaq, 65:7.

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no specific amount of maintenance. Therefore, the amount of

maintenance needs to be specified by discretionary reasoning. They
draw an analogy between the wife's maintenance and the expiation for
harm caused during the time of pilgrimage: two mudds for the wealthy
person and one mudd for the poor person as well as between it and the
expiation for pronouncing dhihaar (a husband saying to his wife that she
is like his mother; that is, forbidden for him to sleep with her). They also
consider the wife's maintenance similar to expiation which requires
paying an amount to the poor that allays his hunger.102
2. They also reason that maintenance is the right of the wife in
compensation for confining herself for the husband, according to the
Maalikites and in compensation for the husband having ownership of the
wife, according to the Shaafi'ites. Therefore, the amount of maintenance
should be estimated as the case with the price of sale and the dower in
marriage. It is also compared with the amount of food offered for the
poor in cases of expiation.103
3. They, moreover, argue that if the amount of maintenance is not
specified, disputes might arise between husband and wife because the
amount that fulfils the level of sufficiency cannot be measured.104

The Preponderant Opinion:

A closer look at the proofs given by the two parties will reveal that
the opinion of the majority of scholars is the preponderant one because
their evidence is more cogent compared to that furnished by the
Shaafi'ites, for the following reasons:
1. The hadeeth related to Hind is explicit as to the subject of difference
in that it considers the amount of sufficiency obligatory without
specifying this amount. Moreover, there is no need for analogy as long
as the textual proof is present.
2. The argumentation that the Shaafi'ites give that the verse they
quote is a proof that the amount of maintenance should be specified is
not acceptable because it instructs the wealthy husband to spend as
much as he can without specifying the amount of maintenance by

102 Mughnee Al-Muhtaaj, 3/426 and Abu Ishaaq Ash-Shiraazee, Al-Muhadhab , 2/160.
103 Al-Maawardee, Al-Haawee Al-Kabeer , 11/423.
104 Mughnee Al-Muhtaaj, 3/426 and Badaa'i' As-Sanaa'i', 4/23.

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weight or measure. Limiting the generality of a text without a clear

proof is not applicable, and the analogy the Shaafi'ites draw cannot limit
the generality of the text. Al-Kaasaanee states, "The verse provides proof
against them because it instructs the wealthy husband to spend as much
as he can without specifying a certain weight or measure. Any
specification of the amount is a type of limiting the generality of the text
which cannot be applied unless there is ample proof to the same."105
3. The Shaafi'ites' argumentation that the wife's maintenance is made
obligatory because the husband has confined the wife for his interest or
because he has 'owned' her is not acceptable. It should be said that
maintenance is obligatory as a recompense for confining the wife for the
interest of the husband but not obligatory as a compensation for
'owning' the wife under the marriage contract. There is no effect of
ownership in this case, for it has already been done once when the
husband paid the dower; therefore, there is no room for additional
compensation. Nothing given once can be compensated for twice. The
wife's maintenance is obligatory because she is confined for the interest
of the husband who prevents her from earning her living. Therefore, it is
obligatory as much as it is sufficient for the wife.106
4. The Shaafi'ites's argumentation that if the amount of maintenance
is specified dispute may arise between husband and wife is also not
acceptable because the amount is not unknown; rather it is known,
namely the amount sufficient for the wife. No dispute may arise if
sufficiency is fulfilled.
5. Some of the Shaafi'ites acknowledge that the opinion of the
majority of scholars is the preponderant one. Commenting on Hind's
hadeeth, Imaam An-Nawawee states, "This hadeeth refutes the opinion
expressed by our fellows, the Shaafi'ites, who specify the amount of
maintenance by mudds. Ad-Adhru'ee said, 'I know of no opinion of our
Imaam (Muhammad bin Idrees Ash-Shaafi'ee (may Allah be pleased
with him) specifying wife's maintenance by mudds. Had I not been
required to be polite with our fellows, I would have said that the sound
opinion about the wife's maintenance is what is estimated to be

105 Badaa'i' As-Sanaa'i', 4/23.

106 Ibid.

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equitable as an expression of following in the footsteps of our

predecessors."107
Topic Five: Equality between Wives in Maintenance
Jurists are generally agreed that equality between wives in matters of
love and carnal appetite is not obligatory, as reported by Abu Dawood
on the authority of Aa'ishah (may Allah be pleased with her) who said,
"The Prophet (may Allah's peace and blessings be upon him) was
distributing his time equally between us. He used to say, 'O my Lord!
This is my division as to what is under my capacity; so do not blame me
for that which is not under my capacity.'"108 These desires and feelings
are beyond the control of the husband, and therefore, he is not required
to exercise justice between his wives as regards love and carnal appetite
or his heart's desires. This is what meant by the Qur'anic statement, "You
will never be able to do justice between wives even if it is your ardent
desire."109
Moreover, there is no difference among jurists with regard to the
husband's obligation to treat his wives equally in dividing his time
between them. However, they differ as to maintenance: food, clothing,
accommodation and the like. Though they are in agreement as to the
rule of sufficiency in maintenance, they differ as to whether the husband
should treat them equally with regard to maintenance, or it is his
obligation to spend on each one of them the amount that is sufficient for
her without giving any consideration to equality.110
Scholars differ in this regard, as follows:
1. The husband is obliged to treat his wives equally with regard to
maintenance. This is one of two opinions expressed by the Hanafites, an
opinion that is supported by Shaikhul Islam Ibn Taymiyah who writes,
"Equality in matters of maintenance and clothing was the practice of the
Prophet (may Allah's peace and blessings be upon him), for he treated
his wives equally with regard to maintenance as much as he treated

107 An-Nawawee, Sharh Saheeh Muslim, 6/249 and Mughnee Al-Muhtaaj, 3/426
108 Already Verified.
109 Surat An-Nisaa', 4:129.
110 Al-Qurtubee, Al-Jaami' li Ahkaam Al-Qur'aan, 5/261; Al-Mughnee, 10/235 and Sa'dee
Abu Habeeb, Encyclopaedia of Consensus in the Islamic Jurisprudence, 2/885.

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them equally with regard to dividing his time between them, although
scholars were in disagreement as to whether it was an obligation or a
permissible act to observe equity in dividing his time and whether it was
an obligation or a permissible act to do so regarding maintenance
between his wives. The opinion that it is an obligation rather than it is
permissible is more cogent because of the evidence supporting it from
the Qur'an and the Sunnah.111
Al-Kaasaanee writes, "He (i.e. the husband) has to observe equity
between his wives with regard to their rights in his time and with regard
to maintenance and clothing. If he has two free women or slave-girls, he
has to treat them equally with regard to food, clothing, accommodation
and division of time."112
2. It is an obligation on the part of the husband to provide each wife
with sufficient maintenance, but he is not obliged to treat them equally
with regard to maintenance though it is better to do so. This is the
opinion expressed by contemporary Hanafites and is the established
opinion of the Maalikites, the Shaafi'ites and the Hanbalites.
In Radd Al-Muhtaar we read, "The opinion given in fataawaas that the
conditions of wives should be taken into consideration (one being poor
and the other rich) is not sound, for it is unnecessary to treat them
equally with regard to maintenance."113
In Haashiyat Ad-Dusooqee we also read, "Ibn 'Arafah and Ibn Rushd
said, 'Malik and his companions contend that if the husband provides
each wife with the maintenance suitable for her position, there is no
problem for him to give any of them an extra amount in addition to her
dues as long as he provides each one of them with her due in full.."114
Ibn Hajar states, "There is no superfluous sin on the husband if he
singles out some of his wives for gifts as long as he satisfies their needs
and gives each one of them her due in full.115 Ibn Qudaamah writes, "He
(i.e. the husband) is not obliged to treat his wives equally with regard to
maintenance and clothing as long as he satisfies the needs of each one of

111 Ibn Taymiyah, Majmoo' Al-Fataawaa, 32/270.

112 Badaa'i' As-Sanaa'i', 2/332.
113 Radd Al-Muhtaar, 2/398.
114 Haashiyat Ad-Dusooqee, 2/339.
115 Fath Al-Baaree, 9/224.

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them in full. Ahmad comments on the case of a husband having two

wives that he can prefer one to the other in maintenance, things that are
surplus to requirements and accommodation as long as he provides the
other with sufficient living means. He may also provide one of them
with better clothes than the other as long as he provides the other with
sufficient clothing."116
Proofs
I. Proofs Supporting the First Opinion that it is Obligatory on the
Part of the Husband to Treat his Wives Equally
1. The advocates of this opinion argue that absolute equality is
mandatory on the part of the husband. They quote the proofs enjoining
complete equality and forbidding inclination and injustice, as has
already been presented hereinabove.117 These proofs do not give any
exception to any degree of inclination, and hence absolute equality is
obligatory.
Commenting on the hadeeth, "Whoever has two wives and leans
towards (i.e. favours) one of them [over the other), will come on the Day
of Resurrection with half of his body leaning"118, As-San'aanee writes,
"All wives should be treated equally and that any inclination is
prohibited, for Allah says, 'Do not incline completely"119 which means
favouring one over the other in maintenance and time but not in
love.'"120
Ash-Shawkaanee argues that the phrase "leaning towards one of
them" indicates that it is prohibited to favour one wife over the other in
matters within his control like time, food and clothing.121
2. They quote the verse: "Marry women of your choice, two or three
or four; but if you fear that you shall not be able to deal justly [with

116 Al-Mughnee, 10/242.

117 Already discussed.
118 Reported by Abu Daawood in his Sunan, Kitaab An-Nikaah, no. 2133; At-Tirmidhee in

his Sunan, Kitaab An-Nikaah, no. 1141; An-Nasaa'ee in his Sunan, no. 3942; Sheikh Al-
Albaanee categorized this hadeeth as authentic (Saheeh) in Saheeh Al-Jaami', no. 6515
and As-Silsilah As-Saheehah, no. 2077.
119 Surat An-Nisaa', 4:129.
120 Subul Assalaam, 3/340.
121 Ibid, 6/216.

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them], then only one, or that which your right hands possess. that will
be more suitable to prevent you from doing injustice.'"122
Argumentation: Al-Kaasaanee comments, "The original rule in the
verse is 'if you fear that you shall not be able to deal justly [with them],
then only one', following the statement, 'Marry women of your choice,
two or three or four…' This means that if you fear to be unjust in
dividing your time and maintenance between your wives, you should
marry only one wife. Fear here relates to what is obligatory, which
means that justice regarding time and maintenance is an obligation, as
indicated in the last part of the verse: 'To prevent you from doing
injustice.' Injustice is prohibited and hence justice is an obligation by
way of necessity."123
3. They stress that Muslims should follow the example of the
Prophet (may Allah's peace and blessings be upon him) who always
treated his wives justly and equally in maintenance as much as he
treated them equally with regard to dividing his time among them.124

II. Proofs Supporting the Second Opinion that it is Unnecessary to

Treat of Wives Equally:
1. They quote the hadeeth narrated by Aa'ishah (may Allah be pleased
with her): "People used to give presents to the Prophet (may Allah's
peace and blessings be upon him) on the day he is with Aa'ishah,
seeking to please the Prophet (may Allah's peace and blessings be upon
him."125
2. They also quote the hadeeth narrated by Aa'ishah (may Allah be
pleased with her): "The wives of Allah's Apostle were in two groups.
One group consisted of 'Aa'ishah, Hafsah, Safiyyah and Sawdah; and
the other group consisted of Umm Salamah and the other wives of
Allah's Apostle. The Muslims knew that Allah's Apostle loved 'Aa'ishah,
so if any of them had a gift and wished to give it to Allah's Apostle, he
would delay it, till Allah's Apostle had come to 'Aa'isha's home and then

122 Surat An-Nisaa', 4:3.

123 Badaa'i' As-Sanaa'i', 2/332.
124 Ibn Taymiyah, Majmoo' Al-Fataawaa, 30/270.
125 Reported by Muslim, no. 2441 and Al-Bukhaaree, no. 2580.

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he would send his gift to him in her home. The group of Umm Salamah
discussed the matter together and decided that Umm Salamah should
request Allah's Apostle to tell the people to send their gifts to him in
whatever wife's house he was. Umm Salamah told Allah's Apostle of
what they had said, but he did not reply. Then they (i.e. those wives)
asked Umm Salamah about it, and she said, 'He did not say anything to
me.' They asked her to talk to him again. She talked to him again when
she met him on her day, but he gave no reply. When they asked her, she
replied that he had given no reply. Then they said to her, 'Talk to him till
he gives you a reply.' When it was her turn, she talked to him again. He
then said to her, 'Do not hurt me regarding Aa'ishah, as the Divine
Inspirations do not come to me on any of the beds except that of
Aa'ishah.' On that Umm Salamah said, 'I repent to Allah for hurting
you.'"126
Argumentation: Ibn Hajar comments that the above hadeeth is clear
proof that the prophet (may Allah grant him peace and blessings)
preferred Aa'ishah to his other wives, that there is no harm in favouring
one wife over the other with some gifts and that equality regarding time
and maintenance, among other things, is all that the husband is required
to fulfil."
3. They reason that observing equality between wives with regard to
maintenance, clothing and things that are surplus to requirements will
certainly cause a great deal of hardship to the husband. Therefore, it is not
obligatory on the part of the husband to treat them equally in these matters
in as much as it is mandatory to observe equity in dividing his time
between his wives.127
The Preponderant Opinion
Given the above proofs quoted by both parties, the preponderant
opinion, and Allah knows best, is the one that contends that equality
between wives in maintenance is obligatory for the following reasons:
1. Those who argue that wives should be treated equally as to
maintenance provide more cogent proofs, especially the general proofs that
exhort justice and warn against injustice and inclination. No other texts
limit the generality of these proofs except the one related to the heart's
desire and related sexual enjoyment and love which are normally beyond

126 Reported by Al-Bukhaaree, Book of Gifts, no. 2581, 2/231.

127 Al-Mughnee, 11/242.

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one's control although one is required to do as much as he can to realize

equality in these matters. Ibn Taymiyah writes in this context, "Considering
this matter obligatory provides a more cogent contention and is much closer
to the provisions contained in the Qur'an and the Sunnah."128
2. The proofs given by the scholars that equality is not obligatory are not
express as to the subject of difference. Given that they tackle the subject of
difference, they can be refuted by the following arguments:
a. The hadeeth narrated by Aa'ishah: "People would delay giving
presents to the Prophet till the Prophet had come to Aa'isha's home and
then they would send their gifts to the Prophet in her home" has been
objected to by Ibn Al-Muneer. In Fathul Baaree we read, "Ibn Al-Muneer
comments on this hadeeth that the Prophet (may Allah's peace and blessings
be upon him) did not do that; rather the people who sent gifts to him did it,
which is their own choice, and the Prophet (may Allah's peace and blessings
be upon him) did not ask them not to do it because it is not good manners
to ask people to do it as it is a way of asking people to send presents to him.
Moreover, those who sent gifts for the sake of Aa'ishah (may Allah be
pleased with her) meant that the said gifts be owned by Aa'ishah only, but it
seems that the Prophet (may Allah's peace and blessings be upon him) sent
some of these gifts to his other wives. It seems that such a competition
between his wives was because the gifts were sent to them from the house
of Aa'ishah."129
b. The argument that justice regarding maintenance causes difficulty that
may lead to problems and hence it is not obligatory can be refuted as follows:
1. If a husband seeks to observe equity between his wives, then he will not
be caused any harm if he spends more than he can. Allah says, "Fear Allah as
much as you can."130 He also says, "Allah does not place a burden on a soul that
is greater than it can bear."131 This is the exact meaning of the hadeeth narrated
by Aa'ishah (may Allah be pleased with her): " The Prophet (may Allah's peace
and blessings be upon him) was just in dividing his time between his wives but
used to say, 'O my Lord! This is my division as to what is within my capacity,
so do not blame me for that which is beyond my capacity.'"132 Equality between
wives in maintenance and accommodation is something a husband can control
as much as he controls dividing his time between his wives. Therefore, it is

128 Majmoo' Al-Fataawaa, 30/270.

129 Ibn Hajar, Fathul Baaree, 5/246. See also Al-Ainee, Umdat Al-Qaaree, 11/40.
130 Surat At-Taghabon, 64:16.
131 Surat Al-Baqarah, 2:286
132 Already verified.

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within the capacity of the husband to observe equity among his wives with
regard to maintenance.
2. Causing the husband difficult for treating his wives equally with
regard to maintenance does not drop the right of his wives as to justice.
Therefore, the way out of this difficulty is to realize justice and to ask the
owner of the right to release him with regard to any failure on his part.
Therefore, the husband has no choice to drop his wives' right without
asking them to release him from fulfilling this right.

Conclusions
The most important conclusions that can be drawn from this study can
be summed up in the following points:
1. Polygamy is permissible according to the Holy Qur'an based on
specific conditions that the man willing to have more than one wife has to
meet.
2. Muslim scholars have amply discussed the topic of polygamy. They
have talked about several points that support the principle of polygamy
including the following:
 Polygamy adds to the chastity of the husband and the women he
takes as wives.
 It is a practice that follows the example of the Prophet (peace and
blessings be upon him) if the conditions of equality and financial capability
are met.
 Polygamy increases the number of progeny which is recommended
by Islam.
 The number of men is naturally less than that of females in general.
Men are more subject to death for different reasons. Therefore, limiting
marriage to one wife will add to the number of women who are left
unmarried.
 Infertility or other sexual defects that women may have prevent
enjoyable marriages. Hence, the husband may keep the wife who has such
disorders and marries another woman to enjoy his matrimonial life.
 Some men are oversexed such that one woman is not enough to
satisfy their sexual needs and hence need more than one wife to protect him
from deviation.
 Multiple marriages increase relations among different families.
 Polygamy may be a cause for taking care of an orphan who needs
care and support.

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3. Limiting polygamy to four wives is a manifestation of Allah's blessing

and mercy. Marriage is meant to satisfy one's sexual needs which remain
unsatisfied resorting to polygamy. A woman can keep away from sexual
intercourse for three months, and therefore four wives is the ideal number.
4. Polygamy is based on the condition of the husband and his need for
more than one wife and his capability to satisfy the rights of his wives.
Originally, polygamy is permissible if equality in all sexual and financial
matters is achieved.
5. Equality is controlled by the standard of possible equal treatment of
wives as related to clothing, food, accommodation and sexual intercourse.
Hence, love and other feelings are not required to consider equality
between wives.
6. All jurists are agreed that equality between wives is obligatory
according to the resources of the husband.
7. All jurists are agreed that the husband has to support all his wives.
8. The basis for the husband's support of his wife is the valid marriage
contract between the couple.
9. The preponderant opinion as to the amount of maintenance the
husband has to provide for his wives states that sufficient support should
be provided as generally acceptable.
10. The preponderant opinion states that it is obligatory on the husband
to give his wives equal shares of anything exceeding generally acceptable
amount of maintenance.

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