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Why does Islam allow polygamy? Part 1

Why does Islam allow polygamy? Part 1

23 - Jan - 2021
Family
4
Min

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 in the Other Abrahamic Religions

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].

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Polygamy in Islam and the Quran

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].

Polygamy in the Islamic law, Jurisprudence

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.

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The Philosophy Behind Polygamy in Islam

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:

  1. polygamy
  2. Eugene Hillman, Polygamy reconsidered, p. 140
  3. polygamy in Islam
  4. Morteza Motahari, women and her rights in Islam, p. 146-147


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Being Compassionate in Islam

10 - Jan - 2021 110 Read 2 Min

“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. There are indeed signs in that for a people who reflect”(30: 21).

One of the main objectives of marriage from the Islamic point of view is for the couples to find peacefulness. Peace is the very result of considering Allah in mind in every second of life. Being compassionate is a skill that couples should develop in order to make a better life. Islam aims to teach this skill to its followers and all other human beings.

Prophet Muhammad (PBUH&HP) said: “when a man expresses his love to his wife, the effect of such loving words will never fade from her heart”.

These words were uttered by the Holy Prophet (PBUH&HP) in a society in which women were not considered to deserve the least human rights. Moreover, it shows that Islam believes in the importance of expressing feelings to strengthen couples’ relationships and the idea of being compassionate.

Our fourth Imam, Imam Sajjad (AS), said: “It is your wife’s right on you to know that she brings calmness to you and she is a gift from Allah. Then, cherish her and treat her with kindness and tolerance”.

These sayings show the special attention of Islamic leaders to family and its role in the formation of society. It can be concluded that regarding the issue of being compassionate, building a peaceful society depends on having healthy and competent families.

The motto of Islam is, “First build your personality, then your family and finally your society”.

Imam Sadiq (AS) said: “The more one increases his/her kindness to his/her spouse, the more his/her faith will increase”.

What is the belief behind this large amount of recommendations on being kind and expressing feelings? How can Islam be blamed for promoting violence?

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Being Compassionate & Prophet Muhammad (PBUH&HP)

To finish this article, It would be interesting to narrate a short story from the early Islamic era:

Prophet Muhammad (PBUH&HP) ennobled one of his loyal companions, named Sa'dIbnMa'az, in his funeral. Watching this scene, his mother said: “Oh my son, enjoy heaven”. Prophet (PBUH&HP) said to Sa'd’s mother: “Do not prejudge. Your son is suffering in his tomb”. Other companions asked in wonder, “why is he suffering in his tomb while you respected and ennobled him this much? He added because he was bad-tempered with his family.

Allah is Unique in Kindness. Kindness is a sign of wealth for which you sometimes do not need to spend a penny, but it is more valuable than large amounts of money.

Being compassionate



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What are the Rights of Wife over Her Husband?

22 - Jan - 2021 200 Read 3 Min

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.

Financial Rights of Women as Wives

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.

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Non-financial Women's Rights in Islam as Wives

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:

  1. Islamic View on Human Rights: Viewpoints of Iranian Scholar.
  2. wifes right
  3. Ali Ibn Hussein Zaynul Abidin, A commentary on Imam Sajjad’s “The Treaties of Rights,” translated by Ali Peiravi, Ansariyan Publication.
  4. Islamic View on Human Rights: Viewpoints of Iranian Scholar; this book is available at https://www.al-islam.org/.
  5. Makarem Shirazi, Naser, 180 Questions Enquiries about Islam, translated by Shahnawaz Mahdavi, vol. 1.
  6. Khorasani, Hussein Vahid, Islamic Laws, Create Space Independent Publishing, 2014, p. 393.
  7. Hussein, Jamila, Islam, Federation Press, 2011, p. 109.
  8. Kamrava, Mehran, The New Voice of Islam: Rethinking Politic and Modernity: a Reader, University of California, 2006, p. 163.
  9. Shabir Khan, Muhammad, Status of Women in Islam, APH Publishing, 1996, p. 50.
  10. Ali Ibn Hussein Zaynul Abidin, A commentary on Imam Sajjad’s “The Treaties of Rights”, translated by Ali Peiravi, Ansariyan Publication.
  11. Javadi Amoli, Abdollah, Mafatih al-Hayat, Asra, 2012, p. 257.
  12. Rizvi, Athar Hussein, Islamic Marriage, World Islamic Network.
  13. Ali Ibn Hussein Zaynul Abidin, As-Sahifa Al-Kamilah Al-Sajjadiyya, Muhammadi Trust of Great Britain and Northern Ireland.


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