“The primary condition for the permissibility of polygamy is the fair and equal treatment of the husband towards all wives, which is manifested in: providing equal financial support to all wives; offering separate housing for each wife; and spending equal time with all wives in a sequence agreed upon with them,” the fatwa states.
If a man cannot meet all these conditions, he is prohibited from entering into a religious marriage with multiple women, journalists report. It remains unclear how religious figures plan to monitor compliance with all the conditions stated in the document and the rights of women.
Furthermore, the Council of Ulema of the DUM has outlined an exception under which a man can enter into a subsequent religious marriage without adhering to their requirements: this may occur if one of the women “voluntarily waives” the mentioned conditions.
According to the fatwa, a religious marriage with other women is possible if the man's first wife cannot bear children (due to health issues, personal choice, or the end of her reproductive age); in cases of “sexual incompatibility between spouses”; or if the man wishes to “provide social and financial support to a single woman and her children.”
A married man, as reported by agencies citing the document, must inform his second wife about his existing family, and if he fails to do so, she has the right to demand the dissolution of the religious marriage. It is advised that the first spouse be informed about the religious marriage.
In Russia, according to the Family Code, marriage is prohibited with an individual who is already in another registered marriage. In this regard, the Council of Ulema noted that “the rights of a woman who is only in a religious marriage are not legally secured.” Russian laws do not impose penalties for polygamy.
The DUM of the RF stated that “not only theologians but also lawyers participated in the development of this fatwa,” and the theological conclusion will include recommendations for imams, newlyweds, as well as a form for the marriage contract.