Polygamy in Islamic Law – Part 2

Dr. Jamal Badawi examines polygamy in the Muslim, Jewish and Christian traditions.

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 resolution that thenceforth every man should be allowed to marry two women. Certain sects of Christians have even advocated polygamy with much fever.
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 polygamy as a divine institution."
What is the Legal Status of Polygamy in Islam?
The Verse that allows polygamy "was revealed after the battle of Uhud in which many Muslims were killed, leaving widows and orphans for whom due care was incumbent upon the Muslim survivors."
The translation of the verse is as follows: "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 (marry) only one…" (Qur’an 4:3)
From this verse a number of facts are evident:
1 That polygamy is neither mandatory, nor encouraged, but merely permitted.
2 That the permission to practice polygamy is not associated with mere satisfaction of. Rather, it is associated with compassion towards widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
3 That even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other peoples at that time when many married as many as ten or more wives.
4 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 Qur’an says: "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 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 many as he pleases." It also rules out the concept of a "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 court and ask for a divorce.
5 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:
A She may be barren or ill and see in polygamy a better solution than divorce.
B 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)
C She can go to court and ask for a divorce if there is evidence ofmistreatment or injustice inflicted upon her.
But if polygamy is discouraged and loaded with such constraints, could it have been better if the Qur’an simply forbade it? To answer this question, we may have to raise another one: Can Polygamy be a Better Solution in Some Cases?
Scholars in the past and at present, Muslims and Non-Muslims have consistently pointed out such cases. The following are a few examples, which are tied in with the general approach of Islam to individual and social problems.