By Babatunde Jose
Time and time again the question of polygamy in Islam is raised as a grave issue and a big hurdle to any serious discussions about Islam. The general idea is to ask: How can Islam claim that there is gender equality when it allows men to marry up to four wives? If men can have multiple wives, why are women also not allowed to marry more than one husband?
The idea that Islam allows polygamy so that men could pursue lust and as an excuse to fulfill sensual desires is a far cry from what Islam actually wishes to achieve. Yet this is what some men do when they descend into polygamy.
Marriage is a sacred institution in Islam with very important objectives. In most cases, the objective is achieved through monogamy. However, in certain situations, a man is allowed to marry more than one wife, with the condition that he treats his wives with justice, equality and fairness.
In Islam polygamy is allowed though it is not mandatory and as such, it is the exception and not the rule. It could arise as a remedial measure for certain situations that may arise from time to time.
The primary occasion then for the provision of polygamy is in war-time situations, when the number of men in the society is reduced due to war casualties. Consequently, there is an increase in the number of widows and orphans. For such situations, Islam gives the provision of polygamy so that the widows and orphans could continue to have the possibility of a family life after the passing of the husband/father. Hence the following Ayat was revealed after the ‘battle of Uhud’ during which many men were lost leaving large number of widows and orphans:
“And if you fear that you will not be fair in dealing with the orphans, then marry of women as may be agreeable to you, two, or three, or four; and if you fear you will not deal justly, then marry only one or what your right hands possess. That is the nearest way for you to avoid injustice.” (Quran 4:4)
It is evident from a study of the Holy Quran that a special situation of a post-war period is being discussed. A similar situation prevailed in Germany after the Second World War… There were a large number of virgins, dejected spinsters, and young widows for whom it was impossible to get married.
Though Islam tolerates polygamy; it has placed various conditions for it that, in practice, are very difficult to observe. These are as follows:
1. Possession of sufficient financial resources to provide all expenses of each family
2. Physical prowess for completely satisfying the sexual desires of each wife
3. Observance of complete justice and equality among each family in every way without any favoritism
It is clear that completely adhering to justice and fairness is quite challenging and few men can be sure about their ability to shoulder such heavy responsibilities.
Whilst traditional Islamic scholarship upholds the notion that Islamic law permits polygyny and furthermore enforces the divine command to “marry only one” where the man fears being unable to fulfil the rights of two in a fair manner, a substantial segment of the Islamic scholarship elaborates further on the ruling.
Their opinion was derived from performing ijtihad or independent legal reasoning which determined their belief that it is to be deemed preferable (even for the male individual who is capable of delivering justice to the multiple families) to refrain from joining more than one wife in the marital bond.
This opinion has been codified into the official positions of the Hanbali and Shaafi’i schools of jurisprudence which assert that it is held recommended for a Muslim male to have only one wife, even if he may act equitably with more than one woman. See Ash-Shirbeeni and Al-Maawardi from the Shaafi’i School of jurisprudence.
Ibn Qudaamah from the Hanbali School of jurisprudence, said: “It is more appropriate to marry only one wife, based on the saying of Allah: ”…But if you fear that you will not be just, then [marry only] one).”
Imam Ghazali, from the Shaafi’i School of jurisprudence, stated: “It does not call for two wives, [since] plurality may render life miserable and disrupt the affairs of the home.” (Kitab al Nikah, Ihya Uloom ud Din).
Ash-Shaafi’i is of the view that it is desirable to confine oneself to marrying only one although it is permissible for him to marry more than one. This is to avoid being unfair by being more inclined to some of them than others or being unable to financially support them.
The Quran makes it quite clear that if they doubt their ability to behave equally and justly with their wives, they should suffice themselves with one wife. This is without any ambiguity. Consequently, polygamy in Islam is a very onerous and high-liability undertaking, something that most men are not competent enough to accomplish.
From a historical perspective, the concept of polygamy is not a novel idea as history is replete with the practice in different societies of old, in particular Patriarchal Palestine where most of the old prophets of God practiced polygamy. Abraham had three wives (Genesis 16:1, 16:3, 25:1). Moses had two wives (Exodus 2:21, 18:1-6; Numbers 12:1). Jacob had four wives (Genesis 29:23, 29:28, 30:4, 30:9). David had at least 18 wives (1 Samuel 18:27, 25:39-44; 2 Samuel 3:3, 3:4-5, 5:13, 12:7-8, 12:24, 16:21-23). Solomon had 700 wives (1 Kings 11:3).
Marriage is a legal arrangement in Islam, not a sacrament in the Christian sense, and is secured with a contract. Islamic marriage lays rights and corresponding responsibilities on each spouse.
The primary purpose of marriage in Islam is regulating sexuality within marriage as well as creating an atmosphere for the continuity and extension of the family. This is in sharp contrast to growing trends in marriage in the West. In recent decades, there are more alternatives to marriage than ever before. Cohabitation – living together outside of marriage – has greatly increased among young, never-married adults, as well as the divorced. More women are having children outside of marriage, ignoring the traditionally sanctioned sequence of marriage followed by childbearing.
The Quran, is the only known world scripture to explicitly limit polygamy and place strict restrictions upon its practice: “… marry women of your choice, two or three or four; but if you fear that you shall not be able to deal justly with them, then only one.” (Quran 4:3)
Most modern Muslims view the practice of polygyny as allowed, but unusual and not recommended. The practice of polygyny is often viewed in its historical context, as marriage was the only way for a woman to be provided for during the time of Muhammad. Many countries today either outlaw the practice of polygyny or place restrictions on it.
Several countries, such as Libya, allow polygyny with few or no restrictions. In Indonesia, a majority-Muslim secular nation, polygyny is rare. In 2018, it was practiced by approximately 1% of the population.
Polygamy has always been rare among South Asian Muslims. In medieval India and Punjab, most ordinary Muslim men only had one wife.
Most men in the Ottoman Empire were monogamous while only a small minority were polygamous. Turkey was the first Muslim-majority country to legally ban polygyny in 1926. This decision was not based on religious reasons, but rather was an entirely secular ban.
Tunisia was the next country to ban polygyny through legislation passed in 1956 and restated in 1964. Unlike Turkey, Tunisia banned polygyny on religious grounds, citing two main reasons. First, the Quran limited the practice of polygyny, thus it did not support the practice and clearly intended for the practice to be eliminated over time. Second, the Quran demands equal treatment of all wives in a polygynous marriage, which was deemed impossible, thus making the practice illegal. Finally, Israel banned polygyny as well by 1978.
Countries that restrict polygyny include the following: Egypt (1920), Sudan (1929), India (1939), Algeria, Jordan (1951), Syria (1953), Morocco (1958), Bangladesh, Iraq (1959), Iran (1967, 1975), Kuwait, and Lebanon.
Some countries, including India, Iran, Iraq, Bangladesh, Algeria, Lebanon, Morocco, Jordan, and Kuwait, allow women to include a clause prohibiting polygyny in marriage contracts.
Other countries, such as Iran and Pakistan, require that a man get permission to take a second wife from his first wife, and then show the court proof of his first wife’s consent. Finally, countries such as Malaysia state that a man must get permission from both his wife and from the governmental religious authority in order to take a second.
Although many countries have laws restricting or banning polygyny, it is still practiced. It is difficult to enforce anti-polygyny laws and restrictions in countries with large rural populations. Furthermore, illegal polygyny often occurs in countries with poor social services as women rely on husbands to support them in these situations.
From the perspective of a woman, if the objectives of her marriage are not being fulfilled, Islam allows her recourse through divorce, and to find another husband. That is the path which will bring her far greater benefits as compared to having two or more husbands.
Barka Juma’at and happy weekend.
Other Articles
