3

Living in Canada, If I find myself in a situation where Sharia law and Canadian law are incompatible, which should I follow?

For example, I would like to practice polygyny. I would like 3 more wives, but Canada permits me to only have 1.

  • your question is very broad. The answer will vary widely depending on the specifics. Please detail the current issue (masa'ala) at hand to get even some right pointers. – kmonsoor Mar 20 '17 at 2:19
  • kmonsoor I have updated my question with a more specific question, thank you. – Matthew Splitzerslovenski Mar 20 '17 at 4:14
  • 1
    You would have to live in a Muslim country because most other countries won't let polygamy. – Armaan Mar 20 '17 at 8:08
  • 1
    Islam does not require anyone to practice polygyny. It only permits it if certain conditions are met. – Columbia says Reinstate Monica Mar 21 '17 at 14:04
6

You example isn't very good in terms of incompatibility. Polygyny is permitted in Islam and not obligatory, indeed it is not permitted if one can't dispense equality and justice between his wives ... and it is not permitted if one has made an Oath to the contrary or accepted a condition contrary to it in one's marriage contract. Obeying a ruler, on the other hand, is obligatory in Islam(src) (as long as their obedience does not lead to disobedience to Allah), as is fulfilling contracts. So, according to Islamic point of view you would have to refrain from polygyny or migrate to a land where it is allowed. Other options could be to campaign\vote for a change in legislation that would make an exception for Muslims etc.

In general terms, where there is prohibition on performance of religious duties such as prayer, Muslims are required to emigrate to a land where they can practice their religion freely.

  • "and it is not permitted if one has made an Oath to the contrary or accepted a condition contrary to it in one's marriage contract" I thought making something haram for oneself that Islam deems halal is itself haram, and the only effect a marriage contract can have is to give the wife a unilateral right of divorce? – G. Bach Mar 20 '17 at 11:33
  • 4
    @G.Bach Its a whole other discussion about what forbidding the permissible is ... anyways this is not a case of forbidding the lawful but rather restricting how much you take of what is lawful. For example I can put a condition in some contract that I will eat 1 sandwich and not more. It is permissible for me to do so even though God has made it halal for me to eat as many sandwiches as I like. Related QA: islamqa.info/en/143120 – UmH Mar 20 '17 at 13:30
  • Also see this: islamqa.info/en/108806 – UmH Mar 20 '17 at 13:39
  • I was referring to the oath about making something permissible forbidden with the first half of the sentence, and about the effects of the marriage contract in the second half. As the references you give point out, it does seem to be at least discouraged and probably impermissible for the husband to violate the condition of not taking another wife. I'll post another question on this since I can't wrap my head around it just yet, thank you. – G. Bach Mar 20 '17 at 14:01
  • I posted a question here that asks about this distinction. – G. Bach Mar 20 '17 at 14:17

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.