Is Polygamy Halal If the State Deems It Illegal?

Answered by Shaykh Irshaad Sedick

Question

If a country prohibits polygamy, is a second marriage still valid in Islam, and would the wife require a religious divorce to remarry? Similarly, if a husband issues talaq in a country where divorce is illegal, is the couple Islamically divorced even though breaking the law was sinful?

Answer

The validity of a marriage or divorce in Islam depends on whether it fulfils the requirements of Sacred Law, not the civil law of a country. Therefore, if a second marriage fulfills all the Islamic conditions, it is considered valid in Sacred Law even if the state does not legally recognize it. (In some countries, Muslim/Cultural marriages are not officially recognized, but are not illegal.)

However, if a traditional Muslim Marriage is illegal (not even allowed without official recognition), then Muslims should generally obey that law:

“O you who believe, obey Allah, and obey the Messenger, and those in authority among you.” [Quran, 4:59]

Thus, where polygamy is legally prohibited, one should refrain from a second marriage out of respect for public order and to avoid legal harm, unless the law compels one to disobey Allah’s command.

As for divorce, if a husband pronounces talaq, then the couple is divorced in Sacred Law, even if such an act is against state law. If there are specific procedures to be followed for legal compliance, they must be followed accordingly; however, the talaq remains valid regardless.

I pray this is of benefit and that Allah guides us all.

[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.