খিলাফত প্রতিষ্ঠা হলে কি দ্বিতীয় বিবাহ বাধ্যতামূলক করা হবে?

Walaikum Assalam warahmatullahi wabarakatuh,

Your question touches upon a misunderstanding about the relationship between the establishment of a Khilafah (Islamic Caliphate) and the ruling of multiple marriages (polygyny). Let me clarify this with authentic Hanafi sources and Islamic principles.

Key Point:

The establishment of a Khilafah does not change the basic ruling of marriage from Ja’iz (permissible) to Wajib (obligatory), nor does it increase the "degree" of obligation. The rules of marriage, including polygyny, are derived from the Qur’an and Sunnah, not from political systems.

Ruling of Second Marriage in Islam:

• Permissibility: A second marriage (up to four wives) is permissible (Ja’iz) under specific conditions, primarily the ability to do justice (Adl) between wives as stated in Surah An-Nisa (4:3):

  "Marry women of your choice, two, three, or four. But if you fear that you shall not be able to deal justly (with them), then only one..."

• Obligation: Second marriage becomes Wajib only in rare cases, such as:
  • Fear of committing Zina (adultery) if not married.
  • No other means to fulfill sexual needs lawfully.
  • If a guardian orders a man to marry for valid reasons (e.g., preventing sin).
    (Radd al-Muhtar, 3/3; Fatawa Hindiyya, 1/277)

Effect of Khilafah on Marriage Rulings:

• The Khilafah is a political system meant to implement Islamic law, not a source of new Shari’a rulings.
• Even under a Khilafah, marriage remains a recommended Sunnah (Mustahab) for most men, not obligatory. The Caliph cannot make it Wajib on all men.
• The "degree" of recommendation (Mustahab) does not increase simply because of a political change. The reward (Thawab) for a righteous deed may increase due to sincerity and need, but the ruling itself remains unchanged.

Hanafi References:

• Imam al-Haskafi (Radd al-Muhtar):

  "Marriage is neither obligatory nor recommended for one who fears neither fornication nor poverty... It is permissible (Mubah) for him."

• Imam al-Tahawi (Sharh Ma’ani al-Athar):

  "The basis of marriage is permission (Mubah), not obligation."

• Mufti Muhammad Shafi (Ma’ariful Quran):

  "Polygyny is a concession (Rukhsa) given to protect against sin, not a requirement."

Conclusion:

• The establishment of a Khilafah does not make second marriage Wajib nor increase its necessity.
• Muslims should follow the same Shari’a rulings on marriage regardless of the political system.
• Focus on fulfilling the conditions of justice if considering a second marriage (Surah An-Nisa 4:3).

May Allah guide us to understand His Deen correctly.

References:

• Al-Hidayah (2/297)
• Fatawa Usmani (2/123)
• Bahishti Zewar (Section on Nikah)