The rights and responsibilities of men in polygamy from the perspective of Imami and Shafi’i jurisprudence

The importance of comparative studies between Islamic religions, especially on the most important social institution, the family in the present age, especially the rights and responsibilities of men in polygamy, can help clarify many ambiguous aspects of women’s rights. Analytically, the rights and responsibilities of men in polygamy are discussed from the perspective of Imami and Shafi’i jurisprudence, and the result of the discussion indicates that: The principle of legitimacy of polygamy up to four women is an indisputable Islamic principle and according to the Holy Quran, especially the third verse Surah An-Nisa ‘and authentic hadiths and narrations from Shiites and Sunnis, as well as the consensus of the Muslim Ummah, it is forbidden to have more than four permanent wives. Imami and Shafi’i jurists, based on the principles of the Holy Qur’an and hadiths, have accepted polygamy and considered it legitimate under certain conditions and with the observance of justice so that women’s financial, behavioral, and sexual rights are guaranteed. Therefore, it can be said that financial responsibility, behavioral responsibility and sexual responsibility are among the most important responsibilities of men to women in polygamy. Alimony, retribution, and dowry are examples of women’s financial rights in polygamy. Good fellowship and the administration of justice is one of the most important topics of male behavioral responsibilities in polygamy, which according to Imami and Shafi’i jurists requires a man to treat women well in polygamy, and any failure to do so would violate women’s rights. Imami and Shafi’i jurists have considered the right of intercourse and the right of occasion to make intercourse and sharing nights with women obligatory on a man in polygamy.