313ghazi
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The law is incorrect. This is a fatwa from a mainstream sunni website...
http://seekershub.org/ans-blog/2011...cond-wife-without-his-first-wifes-permission/
It is the position of ahle sunnah. You can take a second wife without the permission of the first one, however it is considered unwise to do so.
Now why is it considered unwise to do so?
Because we no longer have a culture of multiple wives, therefore it is not a cultural norm and so if you take a second wife, it might cause distress to your first wife. Also if your second wife is unsure about your first wife it may well cause anxiety to her. If one wife is displeased with you and the other is anxious, or one is happy and the second is jealous, then you are no longer doing justice - which is a pre-requisite of polygamous marriages in Islam.
This is why we have this notion in our culture that you need the first wives permission, or you should only do so if she is unwell or infertile or something like that. Those of us who are married know how fragile relationships are and how they are based on trust and sharing and confidence. The moment another partner is in the picture, they're instantly a threat - it is unsustainable for the happiness of a marriage imho.
Though on first reflection i don't agree with the law, you have a valid point about the responsbility of the state upon it's citizens. Having said that, the state has to be careful that it does not make that which is halal; haram.
http://seekershub.org/ans-blog/2011...cond-wife-without-his-first-wifes-permission/
It is the position of ahle sunnah. You can take a second wife without the permission of the first one, however it is considered unwise to do so.
Now why is it considered unwise to do so?
Because we no longer have a culture of multiple wives, therefore it is not a cultural norm and so if you take a second wife, it might cause distress to your first wife. Also if your second wife is unsure about your first wife it may well cause anxiety to her. If one wife is displeased with you and the other is anxious, or one is happy and the second is jealous, then you are no longer doing justice - which is a pre-requisite of polygamous marriages in Islam.
This is why we have this notion in our culture that you need the first wives permission, or you should only do so if she is unwell or infertile or something like that. Those of us who are married know how fragile relationships are and how they are based on trust and sharing and confidence. The moment another partner is in the picture, they're instantly a threat - it is unsustainable for the happiness of a marriage imho.
A citizen is a States responsibility.
The state has to decide in this world if no individual rights are being broken and its citizens are not being oppressed.
Law and legislation always start with IF and But and thus why they are necessary.
I am totally for this law not because it is not only Islamic but it is a just punishment for the moral corruption our society suffers.
When it comes to question of inheritance and equal opportunity for its citizen the State has to answer to God and other private matters are then to be left for Allah to decide on the judgement day.
The law states that a woman has to take the State as witness thus ensuring the state has authority to jump in if individual rights are being discarded or abused.
Like I said the triple talaq was a Law passed as a punishment to get rid of the social evil of divorce for the sake of Lust by the 2nd Caliph.
Though on first reflection i don't agree with the law, you have a valid point about the responsbility of the state upon it's citizens. Having said that, the state has to be careful that it does not make that which is halal; haram.