Answered by Shaykh Yūsuf Badāt
Question
I am one of two wives for my husband here in Alberta. I just read on the CBC news website that the Canadian Council of Imams has issued a verdict since polygamy is illegal in Canada, my religious marriage would not be valid. Please let me know if I am sinning or committing zina (adultery) or not according to Islam?
Answer
In the Name of God, Most Merciful, Most Kind
Thank you/ Jazak Allāh Khayr for contacting us for your question.
From a religious, islamic point of view, once the conditions of an islamic marriage are fulfilled, the marriage is valid according to Islamic law. In order for an Islamic marriage to be valid, the following conditions are required:
- Consent of both parties marrying (offer and acceptance of two persons who are permitted to marry)
- At least two Muslim witnesses
- Bridal gift (mahr) from the groom to the bride
- Approval/ blessing for the bride from her guardian (if this is her first marriage).
Since Canada does not recognize nor permit polygamous marriages, in the eyes of the law, you would be deemed breaking the law and could be criminally charged. I believe the Canadian Council of Imams is referring to the invalidity of the marriage from a legal perspective, not necessarily a religious perspective.
We suggest you speak to a Canadian family law expert along with family and friends to determine the best course of action.
And Allāh Knows Best
