Polygamy in Islamic Law – Part 1

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

Introduction

Like Judaism and Christianity, Islam does not provide an explicit prohibition of Polygamy. Unlike Judaism, Christianity and perhaps-other religions as well, Islam deals with the issue more clearly and provides certain legal requirements and restraints that amount to the discouragement of such a practice.
The reason for not prohibiting polygamy categorically is perhaps due to the fact that there are certain conditions which face individuals and societies in different places and at different times, which make the limited practice of polygamy a better solution than either divorce or the hypocritical pretence of morality.
Out present day feelings about what is "tasteful" or "distasteful" are something we cannot force on all people everywhere, at all times and under all conditions, unless it is a question of a law coming God. This leads to the following question.

Is polygamy immoral per se?

To shorten the discussion, let us begin with the assumption that religions are acceptable sources of "morals". Let us also select two religions (Judaism and Christianity) which are the closest to Islam, in order to see where they stand on that issue.
a) In Judaism: It is notable that most of the Old Testament Prophets are polygamous. According to the Old Testament, Abraham "the friend of God" had more than one wife, David had one hundred wives, and Solomon is even said to have had 700 wives and 300 concubines.
If polygamy is immoral per se, then these and other leading figures in the Biblical traditions are immoral. In this case, there would be no sanctity attached to the Bible, its Prophets, or it teachings! No sincere Jew, Christian or Muslim would regard God’s chosen Messengers as immoral persons!
The Dictionary of the Bible states: Polygamy meets us as a fact: e.g. Abraham, Jacob, the Judges, David, Solomon…In Deuteronomy 17:17, the King is warned not to multiply wives; later regulations fixed the number at eighteen for a king and for an ordinary man.
The Philosophy behind the legalisation of polygamy is explained in the Encyclopedia Biblica: The man who owns his wife as a chattel can on the same principle own as many as he pleases, that is to say, as many as he can afford to buy and keep…The Talmudists formulate the rule that no Jew may have more than four wives, kings may have at most eighteen.
It was only at the beginning of the eleventh century (about four centuries after the advent of Islam!) that polygamy was expressly prohibited in Judaism. According to Westermarck: "Among European Jews polygamy was still practiced during the Middle Ages, and among Jews living in Muhammadan countries it occurs even to this day.
An express prohibition of it was not pronounced until the convening of the Rabbinical Synod at Worms, in the beginning of the eleventh century. This prohibition was originally made for the Jews living in Germany and Northern France, but it was successfully adopted in all European countries. Nevertheless, the Jewish Marriage Code retained many provisions, which originated at a time when polygamy was still legally in existence."
b) In Christianity: As the Old Testament is a vital part of the Christian Faith, it cannot be disregarded in this discussion.
It was concerning the Old Testament laws and Old Testament Prophets that Jesus (as) said plainly that he came not to destroy the Law or the Prophets but rather to fulfil. In addition, there is no passage in the New Testament that clearly prohibits polygamy. This was the understanding of the early Church Fathers and for several centuries in the Christian era.
Westermarck, the noted authority on the history of human marriages states: "Considering that monogamy prevailed as the only legitimate form of marriage in Greece and Rome, it cannot be said that Christianity introduced obligatory monogamy in the Western World. Indeed, although the New Testament assumes monogamy as the normal or ideal form of marriage, it does not expressly prohibit polygamy, except in the case of a bishop or deacon. It has been argued that it was not necessary for the first Christian teachers to condemn polygamy because monogamy was the universal rule among the peoples in whose midst it was preached: but this is certainly not true of the Jews, who still both permitted and practiced polygamy at the beginning of the Christian era. Some of the Fathers accused the Jewish Rabbis of sensuality, but no Council of the Church in the earliest centuries opposed polygamy, and no obstacle was put in the way of its practice by kings in countries where it had occurred in the times of paganism. In the middle of the sixth century Diarmait, King of Ireland, had two queens and two concubines. Polygamy was frequently practiced by the Merovingian kings. Charles the Great had two wives and many concubines; and one of his laws seems to imply that polygamy was not unknown among priests. In later times Philip of Hesse and Frederick William II of Prussia contracted bigamous marriages with the sanction of the Lutheran clergy. Luther himself approved of the bigamy of the former, and so did Melanchthon. On various occasions Luther speaks of polygamy with considerable toleration. It had not been forbidden by God: even Abraham, who was a "perfect Christian", had two wives. It is true that God had allowed such marriages to certain men of the Old Testament only in particular circumstances, and if a Christian wanted to follow their example he had to show that the circumstances were similar in his case; but polygamy was undoubtedly preferable to divorce.

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.