CONSCIOUS_EFFORT

POLYGYNY I

Date: 05 Jul 2008, 11:01 pm / Mood: Other/None


Polygyny Not Polygamy


Webster’s New World Dictionary defines polygamy as "the practice of having two or more wives or husbands at the same time."  Since Muslim women are not allowed to have two or more husbands, let’s find a better word:  polygyny.  The same dictionary defines polygyny as "a practice of having two or more wives at the same time."



Polygyny


Polygyny was practiced, often without limitations, in almost all cultures. Various religions approved of it and practiced it before and after Islam. Several of the Prophets, mentioned in the Torah and the Bible, had more than one wife.  Today it is being secretly practiced by at least 30,000 middle-class Mormons in the USA.  However, it is no secret that polygyny of another sort is also being practiced in America and Europe:  the practice of having a mistress or mistresses.  The difference is that while the non-Muslim male has no legal obligations or responsibilities towards his second, third or fourth mistresses and their children, a Muslim husband has complete legal obligations and responsibilities towards his second, third, or fourth wife and their children.



In Islam, there is no doubt that a second wife, who is legally married and treated kindly, is better off than a mistress who has no legal rights.  In addition, the legitimate child of a polygynous father, who has all the rights and privileges of a son or daughter, is better off than the unwanted or wanted illegitimate child.



As for possible reasons why polygyny is allowed in Islam, one should keep in mind that Islam is very practical in the way that it addresses life’s problems. It is a fact that wars usually take their toll mainly on men, leaving behind widows and women who can not find husbands. Polygyny provides a solution to this problem of a male shortage.



A man who discovers that his wife is barren or is chronically ill, but who wishes to have children of his own or satisfy his natural instinct in a legitimate way, while still caring for his first wife, could turn to polygyny as a solution. Allah (SWT) says in the Quran:



"And if you fear that you shall not be able to deal justly with the orphan-girls, then marry (other) 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 or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice." (An-Nisa’ 4:3)



From this verse it becomes clear that polygyny is not mandatory, but is permitted and is Sunnah.  Dealing justly with one’s wives is an obligation and this applies to housing, food, clothing, kind treatment, etc.  If a husband is not sure of being able to deal justly with them, then he is commanded to marry only one.



Information  From Questions and Answers About Women’s Rights In Islam

Compiled By Lea Zaitoun




Polygyny in Islam


There is no doubt, that no woman relishes the thought of sharing her husband with another and that plural marriages provide a bases for jealousies to arise. However, the laws of Islam always give precedence to the general welfare of society over individual discomfort or personal preferences.  Hence, the Islamic marriage system includes polygyny to protect and provide for the ever present surplus or females in most human societies.  The institution of polygyny in the Islamic marriage system also takes into account certain undeniable aspects of human nature which affect male-female relationships. These aspects represent the natural instincts which must be present in order for men to be prepared and able to provide for the physical and emotional needs of the surplus females in society.




Conditions That Must Be Met


Certain conditions are attached to plural marriage in Islam, in order to protect the women involved because it is invariably the women who are taken advantage of in such relationships.  For example, a man may not have more than four wives at a time and each marriage contract is legal and binding, involving the same rights, responsibilities and obligations as the first contract. That is, wife number one is not the mother or chief of all subsequent wives, nor is wife number four allowed preferential treatment at the expense of the other wives.  Each individual marriage contract carries the same amount of weight in an Islamic court of law and thus men are not allowed to openly attach greater importance to one at the expense of the other.  Such behavior would not be equitable treatment and might even be construed as oppression.



In fact the Prophet (SAW) was reported to have said:



"Whoever has two wives and leans unduly to one of them will come on the Day of Judgment with half of his body leaning." [Sunan Abu Dawud, Reported by Abu Hurairah (RA)]



So the man must live with all of his wives on a footing of equality and kindness.  In fact, the whole question of permissibility of plural marriages in Islam is tied to a given man’s ability to deal unjustly with all his wives in terms of his time and wealth.