Salam (Peace) Adriana,
Please find the second and final part of the answer to your question below. Find the first part at the link here.
Second, your question about polygamy, as to whether the first wife has a right to object to her husband’s marrying another woman. According to some scholars, the Shariah does not require the husband to get the consent of the first wife for a second marriage.
If the conditions for a second marriage are right according to the Shariah, he can legally go ahead and marry. But we need to understand the spirit of the Islamic ruling first.
For instance, if the second marriage is likely to upset the first marriage and the family structure is already established, then a second marriage should be avoided, as it undermines the very purpose of the Islamic rules of marriage.
But the permission of plural marriage is given in the context of protecting widows, as they need to be taken care of. In the very same verse it is stated clearly that if a man cannot treat his wives with equity, he should not marry more than one woman.
This is a clause usually ignored or taken lightly by many men, depriving women the rights Allah Almighty has granted.
It is also worth mentioning that the bride has the right before marriage to demand her fiancé to agree in advance to certain conditions of hers, in case he is interested in pursuing another marriage later on.
Actually, this can be part of the marriage contract. As it is the duty of Muslims to fulfill all obligations, the Muslim husband cannot but honor such a condition.
If you need to know more about the first wife’s rights concerning the permission for the husband to pursue a second marriage, please refer to Ask the Scholar service in order to get more familiar with the logistic details of the matter.
Third, you ask about adultery and its punishment.
The first point to note here is your mentioning of punishing adulterous women only. No way!
The prescribed punishment is for adulterous men and women. As for the details for when and how the punishment is to be applied, this needs a detailed answer from a scholar of Shariah.
Some scholars of respected opinion discuss the point that there is no Quranic verse that clearly states stoning as a punishment. The majority insist on applying this punishment, which was originally prescribed in the Biblical Law enforced on the Jews and was mentioned in the hadiths (traditions) of Prophet Muhammad.
It is, of course, understandable that the punishment prescribed by the Jewish Law could have been implemented by the Prophet in some cases. Yet, you’d rather seek the opinion of our Shariah section on this matter. They would definitely give you the opinion of a specialized scholar in Shariah.
Another point you raised is about the miscarrying of justice, namely the possibility of inflicting a terrible punishment on the innocent. This is very real and it is relevant to the law-enforcement departments in ANY system.
In fact, the Islamic jurists have stipulated certain strict measures to prevent punishing the innocent. But even then, there is this possibility when the authorities are insincere and hypocritical people. Only Allah Almighty can prevent such lapses and punish those who carelessly handle His laws.
We can only pray that truth triumphs and justice is done in every case.
And Allah knows best.
Please do not hesitate to write to us if you have more questions.
Thank you and may Allah reward you!
Please continue feeding your curiosity, and find more info in the following links: