The position of the harmless rule in the issue of polygamy with emphasis on the comparative study of Khamsa religions

The legitimacy of polygamy or polygamy in Khamsa religions based on ijtihadi reasons - verses, hadiths, and the definitive tradition of the jurists - is a matter of consensus and agreement among jurists, but as a social phenomenon, one cannot ignore its pathology. In Islamic jurisprudence, "harmless and harmless" is accepted as a universal rule in all jurisprudence chapters. A rule based on which any harm in the enactment of laws and their implementation is ruled out. From this point of view, is it possible to use the capacity of the harmless rule in facing the harm caused by the remarriage of men that affects the women of a society? It seems that these damages are caused by the loophole in the laws that block the harm in the abuse of polygamy. Therefore, the answer to this question is based on accepting or not accepting the dignity of proof for the rule of harmlessness. For this purpose, we have tried to evaluate the feasibility of citing the Harmful Rule in the issue of polygamy by examining the interpretations and cases of use of this rule by the jurists of Khamsa schools. Finally, we have come to the conclusion that according to the acceptance of the evidential value of the harmless rule, it is possible to remedy the damages and losses caused by the void and silence of the law on the issue of polygamy by establishing appropriate regulations and laws.