Polygamy in Islamic Law – Part 4

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

Conclusion

It is now evident that the association of "polygamy" with Islam is not unfair or biased but based on serious misunderstanding. Polygamy was practiced, often without limitations, in almost all cultures. It was sanctioned by various religions, and practiced both before Islam and for many centuries thereafter. It is presently practiced, though secretly, by the Mormons, and it is allowed by Christian missionaries in Africa and other areas where polygamy is a social necessity.
It is both honest and accurate to say that it is Islam that regulated this practice, limited it, made it more humane, and instituted equal rights and status for all wives. What the Quranic decrees amount to, taken together, is a discouragement of polygamy unless necessity for it exists.
It is also evident that the general rule in Islam is monogamy and not polygamy. However, permission to practice limited polygamy is only consistent with Islam’s realistic view of the nature of man and women and of the various social needs, problems, and cultural variations.
The question is, however, far more than the inherent flexibility of Islam; it also is frank and straightforward approach of Islam in dealing with practical problems. Rather than requiring hypocritical and superficial compliance, Islam delves deeper into the problems of individuals and societies, and provides for legitimate and clean solutions that are far more beneficial than would be the case if they were ignored. There is no doubt that the second wife legally married and treated kindly is better off than a mistress without any legal rights or security. There is no doubt also that the legitimate child of a polygamous father, born in the "full light of the day, " and who enjoys all the rights and privileges of a son or daughter, is far better off than the wanted or unwanted illegitimate child (especially if it is a girl).
It is fair also to say that polygamy may be harmful in many respects. Islam, however, does not regard polygamy as a substitute for monogamy. Realising its disadvantages Islam allows it under strict conditions and when no better alternative is available. This is actually consistent with a general rule in Islamic Law, "The Lesser of Two Evils." This means that if a harm is certain, and if there is no way to avert such harm unless some other harm is done, then it is better to cause the lesser harm in order to avoid the greater. It is like a captain who gets rid of the ship’s freight in order to save the lives of the sailors.
This vitality, flexibility, and far-sightedness of the teachings of Islam cannot possibly be attributed to any man or group of men, including Prophet Muhammad (saw) himself. Its secret simply lies in its Divine Source, God Most High, who knows in entirety what human needs and problems are.
Man can reject the guidance of God, become his own god, and establish his own standards of morality. Ultimately, however, he may discover the mirage that alluded him. A few honest questions finally: What is the situation in countries that banned polygamy? Do they really enjoy sincere and faithful "monogamy"? What is the degree of cohesion of the family? Is there any significant number of mistresses, "sweethearts", and illegitimate children? How observant are married men and women of the strict "monogamous" relationship? Are infidelity and secret extramarital sexual relationships more moral than the legitimate, legally protected husband-wife relationships, even under polygamy if there is a pressing need for it? Which of the two situations is best? After all, Islam, by its nature, is a universal religion which is revealed by God to guide people in all places at all times.
This guidance can hardly be secured by avoiding issues and problems which are real, even as they are relevant to human life on earth with its diversity. Hypocrisy, apology, or burying one’s head in the sand are hardly realistic means of achieving righteous human life. They are not effective in achieving moral upliftment either.

Reproduced from "Polygamy In Islamic Law" © copyright 1998. Dr. Jamal Badawi.
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