Today, one of the Islamic regulations that is the cause of many prejudgments about Islam in western countries is the law of polygamy in Islam. This practice refers to a form of marriage that allows a man to have two, three, or four wives at the same time, but, on the contrary, never ever allows a woman to have more than one husband simultaneously.
In this article, you will read the philosophy behind this law from different perspectives and finally see Islam’s recommendation on that.
Polygamy was practiced long before Islam among different nations and was considered as an acceptable common deed in the history of some other faiths including Christianity and Judaism, although it is frowned upon and forbidden in their cultures now.
According to the Jewish encyclopedia: “While there is no evidence of a polyandrous state in primitive Jewish society, polygamy seems to have been a well-established institution, dating from the most ancient times and extending to comparatively modern days” [1].
In Christianity also, polygamy does not contradict their Scripture: “Nowhere in the New Testament is there any explicit commandment that marriage should be monogamous or any explicit commandment forbidding polygamy” [2].
Islam did not invent the system of polygamy, neither did it ban this tradition which was practiced unlimitedly by Arabs. Instead, it restricted it to four wives and gave it specific conditions and terms.
It is explicitly stated in the Holy Quran that:
“If you fear that you may not deal justly with the orphans, then marry [other] women that you like, two, three, or four. But if you fear that you may not treat them fairly, then [marry only] one, or [marry from among] your slave-women. That makes it likelier that you will not be unfair” (4:3).
This verse was revealed in regard to the Arabs in the period of ignorance, who were seldom free from wars and fighting, and among whom death by killing was a common occurrence. So, there was always a great number of orphans and widows among them.
Usually, the leaders of tribes and people of power and influence took the orphan girls (with their properties) as wives and behaved with them unjustly. They would often turn them out after swallowing their property; the helpless girls would become poor; neither they had any money to live on, nor was there anyone willing to marry and maintain them. The Quran, then, has reproached those Arabs very severely for this evil habit and prohibited very strongly doing any injustice to orphans or devouring their property. Allah says in the previous verse:
“Give the orphans their property, and do not replace the good with the bad, and do not eat up their property [by mingling it] with your own property, for that is indeed a great sin” (4:2) [i].
On the whole, Allah urges them to be careful regarding the orphans, so much so that if they are afraid that they would not be able to treat the orphan girls equitably and therefore do not like to take them, wives, then they had better not marry them; instead they should marry other women- two, three or four [3].
Both the Quran and Sunnah (the Prophet’s (PBUH&HP) and infallible Imams’(AS) tradition) clearly indicate the legitimacy of polygamy in Islam and most of Islamic Jurists and Scholars agree with that. It is noteworthy, however, that Quran’s recommendation to marry two, three, or four does not in any way imply an obligation; neither has it been seen as a necessity in any of the Islamic sects. Now we will shed light on the reasons why Islam did not absolutely abolish this tradition.
There are two different stances among Muslim scholars about polygamy in Islam; some have denied it as a general Islamic law by saying that it was suited to that specific time -i.e., the time and occasion in which the verse (4:3) was revealed- in history. The others, on the other hand, make any attempt to defend this law by reasoning it and saying its benefits; some of their arguments are:
Men’s sexual desire is stronger and lasts longer than women’s.
Women are not capable of fulfilling men’s sexual desire fully because of the restrictions they have, viz. menstruation, pregnancy, menopause, etc.
There are usually more marriageable women than men due to women’s longer lifespan and men’s more frequent fatal casualties because of the dangerous incidents that happen to them, etc.
Among these reasons, the third one -if we suppose that it existed in the past or continues to be common in the present day- is of great importance in justifying polygamy in Islam. Not only that, but it creates a right in favor of women and duty and responsibility for men and society.
Clearly speaking, if, in any case, the number of women fit to be married exceeds the number of marriageable men, then a group of women would be left without husbands and would remain deprived of the right to family life, so the law restricting marriage to monogamy will be inconsistent with this natural right. Accordingly, it is only by the provision of the law of polygamy (of course with special conditions) that this natural right is revived.
What’s more, Islam disagrees with the belief that man is a born polygamist and that his nature is at variance with monogamy. Islam, also, is against the idea that loyalty is impossible for men, and that one woman is created for one man, and one man for all women.
Polygamy, in the Islamic perspective, rises from a social difficulty and is not due to the innate nature of men. If there did not exist in society the problem of an excess of the number of women in need of marriage over the number of marriageable men, the custom of polygamy would have ceased to exist or would have rarely existed [4].
Now read the second part of this article to see the Islamic restrictions on the law of polygamy in Islam.
References:
- polygamy
- Eugene Hillman, Polygamy reconsidered, p. 140
- polygamy in Islam
- Morteza Motahari, women and her rights in Islam, p. 146-147
When you hear this question the first thing that comes to your mind is probably the following: “Do husbands have rights too?” and "What are husband's rights in Islam?" In today’s modern societies whenever the issue of rights is discussed, particular groups are considered; mainly women and children.
However, it seems that men’s or husband's rights have been neglected or never talked about since no one thought it was necessary!
Here we want to pay our attention to MEN and specifically those men who are involved in family life, say husbands!
Since in Islam, the family is seen as an essential entity of the society, the wife-husband relations, their responsibilities and rights over one another is to be seen in the light of their status in the family.
When a man is called ‘husband,’ it means so much to him. He has to provide, has to fulfill his wife’s needs emotionally and economically. There are so many responsibilities that a man as a husband has towards his wife, and when it comes to Islamic culture and teachings, it is even more demanding.
The only provider in Islam is considered to be the husband, and wife has no responsibility whatsoever to provide for the family, unless she works and earns money only for her own pleasure (She may voluntarily, however, support the family financially. As it is the case in many Muslim families nowadays).
The Prophet (PBUH&HP) said: 'Man is the guardian of his family and every guardian has responsibilities towards those under his guardianship' [1].
Also, it is mentioned in the Quran that the husband is the ‘manager’:
‘Men are the managers of women, because of the advantage Allah has granted some of them over others, and by virtue of their spending out of their wealth...’ (4:34)
A modern reader of this verse may wonder why men should be the managers. One of the reasons mentioned in the above verse is due to his financial role in the family: ‘and by virtue of their spending out of their wealth...’
However, one may argue that, in today’s societies, this is not always the case. Today both men and women work, both earn money, both are educated, and they both have the same virtues. Then, what feature(s) of men has made them capable of being in charge of the family?
‘Righteous women are obedient..’ (4:34)
What does it mean to be obedient? Can it be applied to today’s societies in which men and women are considered the same?
Modern thinkers have mainly focused on the similarities between men and women to defend women’s rights. They have strived to show that women have the same power as men to build the history [2]. At the end of the day, however, they are two ‘unique’ creatures of God, each of them possessing their beauty and strengths that fit well with his or her purpose of being. This is well addressed in the following verse:
‘And of His signs is that He created for you mates from your own selves...’ (30:21)
The word ‘mate’ in the above verse refers to the fact that man and woman are incomplete on their own, and they need each other [3].
In other words, men are created to be fathers, the same way that women are created to be mothers! Is it not enough to understand their different duties, rights, and responsibilities?
Islam advocates the priority of neither gender; rather it allows every person to fulfill their potentials, without any discrimination.
Alexis Carrel, the well-known French physiologist, and biologist admits the fact that men and women have been made differently according to the law of creation and he also confirms that these dissimilarities make their duties and rights dissimilar [2].
When Islam introduces husband as the manager, it means he is fully responsible for all family affairs. Accordingly, one of his rights is to be obeyed by family members including his wife and children.
What is primarily important here is that there should be a balance between rights and duties for each member of the family. When a family is seen as a big picture in which every member has their own role, different rights and duties of husband, wife and children can be easily explained.
Parallel to his duties and responsibilities, a husband also has some rights over his wife. Sexual satisfaction is one of them. A wife has to sexually submit herself to her husband unless during the wife’s state of menstruation:
‘They ask you concerning [intercourse during] menses. Say, ‘It is hurtful.’ So keep away from wives during the menses, and do not approach them till they are clean’ (2:222)
This is indeed one of the advantages that Islam gives to women to protect them.
One might argue why sexual availability is considered as a duty for the wife and one of the husband's rights? An examination of the philosophy of marriage in Islam will be helpful to find the answer [4].
In Islam wife is considered as husband’s mate towards whom husband take comfort as you can see in the following Quranic verse:
‘And of His signs is that He created for you mates from your own selves that you may take comfort in them, and He ordained affection and mercy between you...’ (30:21)
From the Islamic point of view, if a man is sexually and emotionally satisfied at home he will be protected against corruption outside. Same goes for women of course; hence we have many instructions for men on how to care for their wives and pay attention to their sexual needs.
We can never talk solely about husband's rights or wife’s rights. They are members of one social unit called ‘family’; a unit that is of high value and importance in Islamic teachings. Husband, like the wife, has his own rights and duties.
As for his duties, he is considered as the only provider for the family, and as the guardian, he has to take care of his wife and children. As for husband's rights, he has to be sexually and emotionally satisfied by his wife. Also, as the manager of the family, the husband is to be obeyed.
Wife and children must recognize the role of man in the family for the family to stay on the right track. However, man is to provide whatever means possible to fulfill his wife's and children’s needs emotionally and economically.
References:
- Mustadrak, vol 2, p 550.
- Mutahhari Murtadha, The Rights of Women in Islam
- Almizan, Tafir, Vol 16. Sura Rum, verse 21
- The Importance of Marriage in Islam’,
The women's rights in Islam include their right as wives in the marital relationship as well. In Islam, marriage is not confined to satisfying physical and emotional needs. There are many verses, stories, and narrations speaking about different aspects of marriage, including the mutual rights that the couple has over one another.
In this article, the rights of the wife over her husband have been summarized into the following two categories of financial and non-financial. It is noteworthy that this classification is embedded neither in the Quran nor the narrations and therefore, other classifications from other perspectives are also possible.
It is obligatory for a man to pay marriage portion (Sedaq) to his spouse as one of the most significant women's rights in Islam. The marriage portion is, by definition, a property which a husband gives his spouse upon marriage. This mandatory payment whether in the form of money or possession is upon husband until the time he fulfills it.
In due course, his wife has the right to either ask for or forgo it. In the case of forgoing, the husband is no longer required to fulfill this duty. Interestingly, in contrast with the idea which regards marriage portion as a price for a woman, a marriage without a fixed marriage portion is also correct [1].
But, how much should the marriage portion be? Islam has not specified the exact amount of the marriage portion. However, the amount of five hundred silver coins (Derham), which is equal to today’s $724.5 [i], fixed by the Prophet (PBUH&HP) for his wives and daughters is an encouraged model for Muslims. On account of this, it has been recommended that the marriage portion doesn’t exceed this fixed amount. Nevertheless, any amount of marriage portion that both parties agree upon is allowed by Islam [2].
Furthermore, a man is financially obligated to pay for the living expenses of his spouse (Nafaqah) including food, clothes, shelter, living necessities and the things that a wife usually needs in her life [3]. It makes no differences in this duty of the husband, whether his spouse earns money out of work or not, since she is not required to provide for the family [4].
As for the woman’s property, her husband also doesn’t have the right to take the outcome of her efforts into his possession [5]. Even if the wife asks wages for her works inside the house, the husband is supposed to pay, due to the Islamic laws [6]. God has underscored this supportive role of the men in the Quran as follows: “Men are the protectors and maintainers of women… (4:34)”
However, the man is responsible for arranging the comfort of his spouse as long as she does not disobey his legal demands [7]. Moreover, it makes no sense whatsoever to take the duty of providing the sustenance of the family as the sign of superiority of the man over his spouse [8].
When the husband dies his spouse inherits from him as well. According to the Islamic rules of inheritance, the woman is entitled to one-fourth of her spouse’s property in the case that he leaves no child as heir. But, if her spouse has any children, she is just entitled to one-eighth of her spouse’s property [9]. However, this topic in different cases includes some details which have been elaborated in the judicial sources.
The second type of women's rights in Islam concerns the moral rights of the wife. Our infallible Imams (A.S) reportedly advised their followers to be kind and respectful toward their wives and treat them gently. Prophet Muhammad (PBUH&HP) says: “The best of you are the ones who treat their family the best, and I am the best of you towards my family.” [10]
He, also, on various occasions recommended his companions to help their wives in the household chores and outlined many rewards for them regarding this act [11]. When some people inquired from him about the rights of a wife over her husband, he answered: “He should overlook her minor faults, and if she commits a major mistake then he should forgive her.” [12]
Imam Sajjad (A.S) has beautifully described women's rights in Islam and men’s moral duties toward their wives by demonstrating the blessings which God grants them through marriage: “The right of your wife is that you know that God has made her a repose and comfort for you; you should know that she is God’s favor towards you, so you should honor her and treat her gently.”[12]
Notes:
[i] This amount has been calculated based on the price of silver on 11th of November 2016. It may need further modification in future.
References:
- Islamic View on Human Rights: Viewpoints of Iranian Scholar.
- wifes right
- Ali Ibn Hussein Zaynul Abidin, A commentary on Imam Sajjad’s “The Treaties of Rights,” translated by Ali Peiravi, Ansariyan Publication.
- Islamic View on Human Rights: Viewpoints of Iranian Scholar; this book is available at https://www.al-islam.org/.
- Makarem Shirazi, Naser, 180 Questions Enquiries about Islam, translated by Shahnawaz Mahdavi, vol. 1.
- Khorasani, Hussein Vahid, Islamic Laws, Create Space Independent Publishing, 2014, p. 393.
- Hussein, Jamila, Islam, Federation Press, 2011, p. 109.
- Kamrava, Mehran, The New Voice of Islam: Rethinking Politic and Modernity: a Reader, University of California, 2006, p. 163.
- Shabir Khan, Muhammad, Status of Women in Islam, APH Publishing, 1996, p. 50.
- Ali Ibn Hussein Zaynul Abidin, A commentary on Imam Sajjad’s “The Treaties of Rights”, translated by Ali Peiravi, Ansariyan Publication.
- Javadi Amoli, Abdollah, Mafatih al-Hayat, Asra, 2012, p. 257.
- Rizvi, Athar Hussein, Islamic Marriage, World Islamic Network.
- Ali Ibn Hussein Zaynul Abidin, As-Sahifa Al-Kamilah Al-Sajjadiyya, Muhammadi Trust of Great Britain and Northern Ireland.