Polygamy in Islamic Law – Part 3

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

A. Individual Cases

1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heir. In a situation as this, then man would either have to:
- Suffer the deprivation of fatherhood for life.
- Divorce his barren wife and get married to another women who is not barren.
In many cases, neither solution can be considered as the best alternative. Polygamy would have the advantage of preserving the marital relationship without depriving the man of fathering children of his own.
2. A man whose wife becomes chronically ill would have one of possible alternatives:
- He may suppress his instinctive sexual needs for the rest of his life.
- He may divorce his sick wife at a time when she needs his compassion most, and get married to another woman, thus legally satisfying his instinctive needs.
- Or he could compromise by keeping his sick wife, and secretly take for himself one or more illicit sex partners.
Let us discuss these alternatives from the point of view of the Islamic Teaching. The first solution is against human nature. Islam recognises sex and sexual needs and provides legitimate means for their satisfaction. The second solution is clearly less compassionate; especially where there is love between two parties. Furthermore, divorce is described by the Prophet Muhammad (saw) as the "permitted thing that is hated most by God". The last solution is plainly against the Islamic teaching which forbids illicit sexual relationships in any form.
To sum up, Islam being against immorality, hypocritical pretence of morality, and against divorce unless no better solution is available, provides for a better alternative which is consistent with human nature and with the preservation of pure and legitimate sex relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is, after all, and optional solution.

B. Social Cases

1. Anthropologists tell us that among various tribes and societies, polygamy
is a social and economic necessity. In some very poor areas, the infant mortality 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 circumstances would require the practice of polygamy. It is by this very reason that 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.
2. Aside from cases where womenoutnumber men, devastating wars, in the past and at present, have taken their toll 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 pleasures, 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 criminals. Furthermore it is inhuman, humiliating for those children to grow p without knowing who their fathers were and without enjoying a clean and normal family life.
One question remains:
Why Not Polyandry (plurality of husbands for the same women?)
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 was married to more than one husband, which would be the father of her children?