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Fatwa CenterCircumvention in order to travel to one's husband
Question
A young married man proposed to marry me, but the problem is that the country where I live bans polygyny, and I do not know what to do in this regard, given that he does not live in my country and that I need a marriage contract in order to get a visa and travel to him.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The law that bans polygyny is an unjust law that contradicts the texts of the Quran, the Sunnah and the consensus of Muslim scholars; Allaah, The Exalted, Says (what means): {… marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those whom your right hand possesses. That is more suitable, that you may not incline [to injustice].} [Quran 4:3]
Therefore, in such a case, you are entitled to resort to circumvention in any feasible way to facilitate obtaining a visa so that you can travel to your husband. Bear in mind that we have legitimized and allowed circumvention in your case, in order to shield you against the injustice that is clear in such unfair laws; since getting rid of injustice for the purpose of acquiring one’s rights that are granted to him under Sharee‘ah is a praiseworthy and permissible act. Moreover, resorting to circumvention in order to attain an allowable and good thing is religiously permissible, but on one condition: that such circumvention would not bring about a greater harm to you or others, or abuse or violate others’ rights.
We beseech Allaah, The Exalted, to Grant you a way out of your problem and Grant you relief.
Allaah Knows best.
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