🚪 Divorce, ʿiddah & rujuk · #39

Can one marry a fifth wife while the fourth wife is in her ʿiddah?

Not during the ʿiddah of a revocable (raj'i) talaq, because a wife in a raj'i ʿiddah still counts as a wife; the limit of four wives is still full.
For an irrevocable (ba'in) ʿiddah (khulʿ, triple talaq, or a raj'i talaq whose ʿiddah has ended), the Shafi'i school permits the husband to marry a new wife before the former wife's ʿiddah ends. The same ruling applies to marrying the former wife's sister.
In Malaysia, any polygynous marriage still requires the court's permission. Refer to fiqh of polygyny and ʿiddah & reconciliation.

Difference between schools. Shafi'i and Maliki: allowed during an irrevocable (ba'in) ʿiddah. Hanafi and Hanbali: not allowed until the former wife's ʿiddah ends, whether revocable (raj'i) or irrevocable.

Sources

Surah an-Nisa' 4:3Surah an-Nisa' 4:23Act 303, s.23

← PreviousAfter my ex-wife married another and came back to me, how many talaq do I have left?Next →Can a wife ask for divorce because her husband wants to marry another?

Related questions

Can a wife in ʿiddah leave the house or go to work?A wife in ʿiddah must stay in the marital home, but may go out for needs such as work, treatment or busi…Can a wife ask for divorce because her husband wants to marry another?Lawful polygyny is not in itself a ground for judicial dissolution (fasakh), but the wife may apply for khulʿ, and may claim …A wife miscarries during her ʿiddah — does her ʿiddah end?Yes, if the miscarried foetus already had human form (even slightly), her ʿiddah ends with the miscarriage. The ʿiddah of a woman…Is a wife entitled to maintenance during the ʿiddah?Yes for the ʿiddah of a raj'i talaq: the wife is entitled to full maintenance and housing until the ʿiddah ends. For a ba'in talaq: if…How do I take my wife back during the ʿiddah?The husband may take her back during the ʿiddah of a raj'i talaq with a clear statement such as "I take you back", without a new akad or mahr…After my ex-wife married another and came back to me, how many talaq do I have left?If the earlier separation was by fewer than three talaq, according to the majority of scholars the husband has only the remaining talaq, not…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer