Sunday, June 3, 2012

Polygamy in Islam (Conference Paper)


Liaqat Ali
Polygamy in Islam

Introduction
Islam is a way of life consonant with nature, providing human solutions to complex situations and avoiding extremes. This characteristic of Islam can be observed most clearly in its stand concerning the taking of more than one wife. Islam permits the Muslims to marry more than one woman in order to resolve some very pressing human problems, individual as well as social.
The roots of polygamy are very deep in the history of mankind. This custom prevailed not only in the old civilizations but was considered permissible in many religions of the world even before the advent of Islam.
The western society does not accept Islamic concept of Polygamy on account of multiple reasons based on violation of women’s right in particular and the society in general. The western sociologists, anthropologists and thinkers have their own views to support monogamy.
The followers of Islam believe that the Qur’an is the word of the Lord of the Worlds, which revealed to His Messenger Muhammad (peace and blessing of Allah be upon him), to bring mankind forth from darkness into light.
This is the right time to explore the hard facts of human society under which Polygamy is granted by the Lord. The misconceptions of the western scholars ought to be addressed. In addition this article might be a beacon of light for young readers to make up their minds about the concept of Polygamy in Islam.


No monasticism in Islam
The Quran says:
"And Allah has made for you your mates of your own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best. "(16:72)
These verses of the Noble Quran clearly show that in contrast to other religions like Christianity, Buddhism, Judaism etc. which consider celibacy or monasticism as a great virtue and a means of salvation, Islam considers marriage as one of the most virtuous and approved institutions. The Messenger of Allah (peace be upon him) declared, "There is no monasticism in Islam."
Family life in Islam
The Quran says:
 "And among His signs is this that He created for you mates from among yourselves, that you may dwell in tranquility with them, and He has put love and mercy between your hearts. Undoubtedly in these are signs for those who reflect." (30:21)
Allah has created men and women as company for one another, and so that they can procreate and live in peace and tranquility according to the commandments of Allah and the directions of His Messenger.
Takepu / Principles
A man and a woman are the two important components of a family system. In Islam, a woman enjoys full rights with out any discrimination. The respect, safety, dignity, chastity and honour are the fundamental privileges which a woman deserves in Islam. Tino Rangatiratanga, Te whakakoha Rangatiratanga and ahurutanga are her ornaments. Kaitiakitanga is the responsibility of her husband.
Liaqat Ali
Institution of marriage in Islam
In Islam, the institution of marriage has dual aspects:
One – it is the way of ‘Ibadah (worship) of Allah and second is social aspect.
The Messenger of Allah ordained,
"O you young men! Whoever is able to marry should marry, for that will help him to lower his gaze and guard his modesty."         (Al-Bukhari)
The Prophet regarded modesty as a great virtue. He said,
"Modesty is part of faith." (Al-Bukhari)
The importance of the institution or marriage receives its greatest emphasis from the following hadith of the Prophet,
"Marriage is my Sunna. Whosoever keeps away from it is not from me."
Since the family is the nucleus of Islamic society, and marriage is the only way to bring families into existence, the Prophet (peace be upon him) insisted upon his followers entering into marriage. The Shari'ah prescribes rules to regulate the functioning of the family so that both spouses can live together in love, security, and tranquility. Marriage in Islam has aspects of both 'Ibadah (worship) of Allah and Mu'amalah (transactions between human beings). In its 'Ibadah aspect, marriage is an act pleasing to Allah because it is in accordance with his commandments that husband and wife love each other and help each other to make efforts to continue the human race and rear and nurse their children to become true servants of Allah.
In its social perspective (mu'amalah), marriage is a lawful response to the basic biological instinct to have sexual intercourse and to procreate children. The Shari'ah has prescribed detailed rules for translating this response into a living human institution reinforced by a whole framework of legally enforceable rights and duties, not only of the spouses, but also of their offspring.


Purpose of marriage in Islam

It is obvious from these verses of the Quran that the Islamic marriage is based on the need to achieve and maintain tranquility in society. Thus the family, which comes into being, as a result of this marriage is the basic foundation of society. Although, marriage is strongly enjoined and celibacy is discouraged, those who are not ready to undertake this solemn covenant and the responsibilities attached to it should postpone it. Marriage is viewed “as a means of emotional and sexual gratification, as a mechanism of tension reduction, legitimate procreation and social placement; as an approach to interfamily alliance and group solidarity” Abdal ‘ati (1982:54).
Concept of Polygamy in Islam
The Quran says,
If you fear that you shall not be able to deal justly with the orphans 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 ... (Qur'an 4:3)
The only passage in the Qur'an (4:3) which explicitly mentioned polygamy and restricted its practice in terms of the number of wives permitted and the requirement of justice between them was revealed after the Battle of Uhud in which dozens of Muslims were martyred leaving behind widows and orphans. This seems to indicate that the intent of its continued permissibility is to deal with individual and collective contingencies that may arise from time to time (i.e., imbalances between the number of males and females created by wars). This provides a moral, practical, and humane solution to the problems of widows and orphans who are likely to be more vulnerable in the absence of a husband/father figure to look after their needs: financial, companions, proper rearing, and other needs.


Islam is a way of life consonant with nature, providing human solutions to complex situations and avoiding extremes. This characteristic of Islam can be observed most clearly in its stand concerning the taking of more than one wife. Islam permits the Muslims to marry more than one woman in order to resolve some very pressing human problems, individual as well as social.
Background of Polygamy: 
The roots of polygamy are very deep in the history of mankind. This custom prevailed not only in the old civilizations but was considered permissible in many religions of the world even before the advent of Islam.
In Judaism, it is notable that most of the Old Testament Prophets were polygamous. According to the Old Testament, Abraham “the friend of God” had more than one wife David had one hundred wives (1 Chronicles 14:3) and Solomon is even said to have had 700 wives and 300 concubines (1 Kings 11:3)  (Buttrick George p 280)
In Christianity, the Bible does not prohibit polygamy and most of the Old Testament Prophets were polygamous. Criticizing polygamy implies criticizing those Messengers, and this should not be acceptable to any true Jew, Christian or Muslim.
Westermarck, the noted authority on the history of human marriage states:
Considering that monogamy prevailed as the only legitimate form of marriage in Greece and Rome, it cannot be said that Christianity introduced obligatory monogamy in the Western World. Indeed, although the New Testament assumes monogamy as the normal or ideal form of marriage, it does not expressly prohibit Polygyny, except in the case of a bishop and a deacon. It has been argued that it was not necessary for the first Christian teachers to condemn Polygyny because monogamy was the universal rule among peoples in whose midst it was preached; but this is certainly not true of the Jews, who still both permitted and practiced polygyny at the beginning of the Christian era. (Westermarck, pp42-43)


In Hinduism, Vedic teachings permit unlimited number of wives, even in tens and thirteen and twenty seven, at one time. Sheri Krishna, a highly respected deity among Hindus, had hundreds of wives. (Shafi M. pp 301)
In the middle of the sixth century, Diarmait, King of Ireland, had two queens and two concubines. Polygyny was frequently practiced by the Merovingian kings. Charles the Great had two wives and many concubines; and one of his laws seems to imply that polygyny was not unknown even among priests.
In 1650, soon after the Peace of Westphalia, when the population had been greatly reduced by the Thirty Years’ War, the Frankish Kreistag at Nuremberg passed the resolution that thenceforth every man should be allowed to marry two women. Certain sects of Christians have even advocated polygyny with much fervor. In 1531 the Anabaptists openly preached at Munster that he who wants to be a true Christian must have several wives. And the Mormons, as the entire world knows, regard polygyny as a divine institution.                                                                
The monogamy that the Christians, the Hindus, and Jews practice today is not from their religion, but from their governments. So the issue of monogamy has no religious significance; it is a man-made rule. Monogamy was the result of an act of parliament, not their faith. Example: The Indian Parliament in 1954 passed the Hindu Marriage Act prohibiting the Hindu male from taking up more than one wife. The Jewish Rabbis in the 10th Century AD made monogamy a rule, although it was not enforced till as late as the 1950s. Similarly, the European countries and the American government passed laws to make monogamy the rule in their lands some time ago. Mormons still marry more than once. 

Islam limited Polygamy
Unlike the Bible, the Qur'an limits polygamy to a maximum of four wives provided that the husband deals with them justly. If not, then only one wife is allowed. Therefore, polygamy is not one of the pillars of Islam but a restricted permission! The Qur'an did not invent polygamy but limited it.
The only religious book that says: "... then marry only once" is the Quran, the holy book of the Muslims. This injunction is not found in the Christian Bible in the Hindu Geeta, or in the Jewish holy book etc. In the Bible there are so many references to various prophets and kings who had numerous wives. Abraham had three wives, while King Solomon had seven hundred wives, etc. In the Hindu literature the various gods have hundreds of wives. Krishna had one thousand women and concubines. Similarly, the Jews used to marry more than once, till as late as the 1950s. None of these faiths regulated the number of wives a man could have at a time. Only Islam limits the wives to four.
In Surah Nissah God allows a Muslim to marry, one, two, three or four women as long as he can do justice between them. If the man can't do justice, the exhortation for him is: "... then marry only once".   
From this verse a number of facts are evident:
That polygamy is neither mandatory, nor encouraged, but merely permitted.
That the permission to practice polygamy is not associated with mere satisfaction of passion. It is rather associated with compassion toward widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
That even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other people at that time when many married as many as ten or more wives.


That dealing justly with one’s wives is an obligation. This applies to housing, food, clothing, kind treatment … etc., for which the husband is fully responsible. If one is not sure of being able to deal justly with them, the Quran say: “then (marry) only one.”          (Qur’an 4:3)
 This verse, when combined with another verse in the same chapter, shows some discouragement of such plural marriages. The other verse plainly states:
“You are never able to be fair and just as between women even if it is your ardent desire…”                    (Qur’an  4: 129)
The requirement of justice rules out the fantasy that man can “own as any as he pleases.” It also rules out the concept of “secondary wife,” for all wives have exactly the same status and are entitled to identical rights and claims over their husband. It also implies, according to the Islamic Law, that should the husband fail to provide enough support for any of his wives, she can go to the court and ask for a divorce.
The verse says “Marry,” not kidnap, buy, or seduce. What is” marriage” as understood in Islam? Marriage in Islam is a civil contract which is not valid unless both contracting parties consent to it. Thus no wife can be forced or “given” to a husband who is already married.
 It is thus a free choice of both parties. As to the first wife:
She may be barren or ill and see in polygamy a better solution than divorce. She may divorce him (unilaterally) if he is married to a second wife provided that the nuptial contract gives her the right of unilateral divorce (Ismah).  She can go to court and ask for a divorce if there is evidence of mistreatment or injustice inflicted upon her.   But if polygamy is discouraged and loaded with such constraints, could it have been better if the Quran simply forbade it? To answer this question, we may have to raise another one:


Social Aspects: 
1.  The truth of the matter is that a religion or law aims to establish an infra-structure of chastity and modesty and considers the eradiation of adultery as necessary has no way our out except that it permits plurality of wives. Apart from being a preventive measure against adultery, it serves as a remedial approach to the problem of comparatively larger female population in some areas as compared to that of men. This is why nations which do not permit plurality of wives must live in rampant adultery (calling it ‘free sex’). If we look at the state of nations in Europe and America, we will see that they look down on what they call polygamy and put a ban on plurality of wives, but they permit a man to practice adultery with as many women as he can get under the cover of ‘friendship’. Saying no to marriage and yes to adultery is certainly very strange.  (Shafi P. 301)
2   Anthropologists tell us that among various tribes and societies, polygamy is a social and economic necessity. In some very poor areas, the infant morality is very high. Children on the other hand, are a source of additional labour for the earning capacity of the family. To have more children under such situations would require the practice of polygamy. It is by this very reason Christian missionaries in some African regions justified their permission to local people to practice polygamy without being excommunicated from the church. One researcher has even found, through his studies that women in such societies not only accept polygamy, but some of them even prefer this. (Campbell, D., pp 160 and Cory H., pp.52)
 3   Aside from cases where women outnumber men, devastating wars, in the past and at present, have taken their roll mainly among men. The result is not simply more women who cannot find husbands, but even more widows who may aspire to a respectable family life. In such a situation, if polygamy is bad, the limitation on polygamy is even far worse.

Both unmarried women and widows are human beings. Unless their instinctive needs are legitimately satisfied, the temptation is great for corruption and immorality. But aside from the moral question these women are also exploited. They are used as tools for men’s pleasure, yet have no guarantees, no rights or security, financial or emotional. Should they become pregnant, it is their burden alone. But even if such women are ready to pay the price for this personally, society also suffers seriously from such situations. The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s maladjusted and even criminals. Further more it is inhuman, humiliating for those children to grow up without knowing who their fathers were and without enjoying a lean and normal family life.
 It is evident that the nature of women is physiologically and psychologically different from that of men. Psychologically speaking, the woman is monogamous by her very nature. Furthermore, in all cultures, new and old, the headship of the family, is normally man’s. One can imagine what would happen if the family had two or more heads. Furthermore, if the woman is married to more than one husband, which would be the father of her children?                               
Conclusion
It is now evident that the association of “polygamy” with Islam is not only unfair or biased but based on serious misunderstanding. Polygamy was practiced, often without limitation, in almost all cultures. It was sanctioned by various religions, and practiced both before Islam and for many centuries thereafter. It is presently practiced, though secretly, by the Mormons.
It is also evident that the general rule in Islam is monogamy and not polygamy. However, permission to practice limited polygamy is only consistent with Islam’s realistic view of the nature of man and woman and of the various social needs, problems, and culture variations.


The question is, however, far more than the inherent flexibility of Islam; it also is the frank and straightforward approach of Islam in dealing with practical problems. Rather than requiring hypocritical and superficial compliance, Islam delves deeper into the problems of individuals and societies, and provides for legitimate and clean solutions which are far more beneficial than would be the case if they were ignored. There is no doubt that the second wife legally married and treated kindly is better off than a mistress without any legal rights or security. There is no doubt also that the legitimate child of a polygamous father, born in the “full light of the day”, and who enjoys all the rights and privileges of a son or daughter, is far better off than the wanted or unwanted illegitimate child (especially if it is a girl).
Man can reject the guidance of God, become his own god, and establish his own standards of morality. Ultimately, however, he may discover the mirage that eluded him. A few honest questions finally: What is the situation in countries which banned polygamy? Do they really enjoy sincere and faithful “monogamy?” What is the degree of cohesion of the family? Is there any significant number of mistresses, “Sweethearts”, and illegitimate children? How observant are married men and women of the strict “monogamous” relationship? Are infidelity and secret extramarital sexual relationships more moral than the legitimate, legally-protected husband-wife relationships, even under polygamy if there is a pressing need for it? Which of the two situations is best?
After all, Islam by its very nature is a universal religion which is revealed by God guide people in all places and at all times.
The guidance can hardly be secured by avoiding issues and problems which are real, even as they are relevant to human life on earth with its diversity. Hypocrisy, apology, or burying one’s head in the sand are hardly realistic means of achieving righteous human life.



BIBLIOGRAPHY
·         Al-Qaradawi Yusuf (3rd 2007) The Lawful and The prohibited in Islam: Marriage. Percetakan Zafar Sdn.Bhd. Kuala Lumpur

·         Badawi, A. Jamal. (1980, April). THE STATUS OF WOMAN IN ISLAM. Plainfield, IN 46168 USA. Retrieved June 06 2007 from www.jannah.org/sisters/wombooks.html

·         Campbell, D., In the Heart of the Bantuland, Seeley, service and Co,Ltd., London, 1922, and Cory H., Sukuma Law and Customs, Oxford University Press, N.Y., 1953,

·         El-Khouli, Al-Bahiy, "Min Usus Kadiat Al-Mara'ah" (in Arabic), A 1- Waay A llslami, Ministry of Walcf, Kuwait, Vol.3 (No. 27), June 9, 1967, p.17.

·         George Butterick, EditorThe Interpreter's Dictionary of the Bible : An Illustrated Encyclopedia in Four Volumnes 1962, ,The Interpreter's Dictionary of the Bible AZ, The Abingdon Press, New York

·         The Holy, Qur'an: Translation of verses is heavily based on A. Yusuf Ali's translation, The Glorious Qur'an, text translation, and Commentary, The merican Trust Publication, Plainfield, IN 46168, 1979.

·         Hadeeth. Most of the quoted Hadeeth were translated by the writer. They are quoted in various Arabic sources. Some of them, however, were translated directly from the original sources. Among the sources checked are Musnad Ahmad Ibn Hanbal Dar AlMa'aref, Cairo, U.A.R., 1950, and 1955, Vol.4 and 3,SunanIbnMajah, Dar Ihya'a Al-Kutub al-Arabiah, Cairo, U.A.R., 1952, Vol.l, Sunan al-Tirimidhi, Vol.3.

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·         Zafiruddin Mohammad (1999) System of Modesty and Chastity in Islam: Marriage Darul-Ishraat. Karachi.

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