الثلاثاء، 20 مايو 2014

concerning polygamy in islam

 the following fatwa issued by Sheikh `Attiyah Saqr, former head of Al-Azhar Fatwa Committee, in this regard. It reads:

“In fact, there is a great Divine wisdom behind the permissibility of marrying more than one wife. According to the dictate of man's nature, his sexual desire may reach the stage that one wife may not be sufficient for him. As for woman, there are situations and natural phenomena that control and restrict her sexual desire; part of this is the nursing period, menstruation and in many other things that are pertaining to her nature. 

In addition, if we are to allow such a degradation of allowing woman to marry more than a husband at one time, she will be no more than a mere object of sexual satisfaction. What makes the matter worse is the fact that conflict and dispute over the child lineage will emerge, and this will result in a total chaos and sexual deviation. 

Viewed in another perspectives, polygyny is, in fact, a thing in favor of women themselves. If it happens that a wife becomes invalid or even disinterested in sexual intercourse, how does she expect her husband to behave? Also, if we suppose that a woman is infertile and her husband has a very great desire for having children, what should he do? Should he resort to adoption or engage in some illicit affairs? The best way to solve the problem is to seek a second wife that helps the first one and preserves the husband from resorting to deviation. Indeed, the society will be safe and secure, and both parties will experience a happy marital life.” 

In addition, we would like to cite for you the following article on polygyny and polyandry; it reads: 

"First, we’d address the issue of men having four wives before answering the question as to why women cannot have multiple husbands. 

I think that among many other misconceptions that people have about Islam is their belief that Islam unconditionally allows a Muslim to have four wives. In this regard, some scholars have gone as far as to say that keeping four wives is a man’s essential physiological and psychological need. I am afraid that this point of view is in direct contradiction with the Qur'an. It is, in fact, a distortion of the stance of Islam. 

According to the Qur'an, in normal circumstances, a family comes into being only through wedlock between man and woman. A subtle reference to this is made by the Qur'an in the verse that reads: “ O mankind! Be careful of your duty to your Lord Who created you from a single soul and from it created its mate and from them twain hath spread abroad a multitude of men and women.”(An-Nisa': 1) where it alludes to the fact that when Almighty Allah created Adam, He created for him Eve as his wife. 

Naturally, had Almighty Allah wished that a man should have more than one wife, He would have created more wives for Adam instead of just one. This shows us that as far as a man’s physiological and psychological needs are concerned, they are completely satisfied even if he has a single wife. 

Let us now take a look at the verses, generally thought to be the basis of polygyny; But we'll firstly make a brief word about their background. 
A greater part of surat An-Nisa', in which these verses occur, deals with the society and its reformation. In this regard, the foremost sphere in which directives were given was that of the welfare of the orphans since they are one of the weakest sections of society. 
In Madinah, there came a time when many Muslims were martyred in various battles. As a result, many children were orphaned. In this situation, Almighty Allah called upon Muslims to look after these children and guard their wealth and property. In this regard, the already in-practice custom of polygyny in the Arabian society was resorted to. Muslims were told that if they were afraid that they would not be able to take proper care of these orphans, they should marry their widowed mothers. 

"First, we’d address the issue of men having four wives before answering the question as to why women cannot have multiple husbands. 
I think that among many other misconceptions that people have about Islam is their belief that Islam unconditionally allows a Muslim to have four wives. In this regard, some scholars have gone as far as to say that keeping four wives is a man’s essential physiological and psychological need. I am afraid that this point of view is in direct contradiction with the Qur'an. It is, in fact, a distortion of the stance of Islam. 

According to the Qur'an, in normal circumstances, a family comes into being only through wedlock between man and woman. A subtle reference to this is made by the Qur'an in the verse that reads: “ O mankind! Be careful of your duty to your Lord Who created you from a single soul and from it created its mate and from them twain hath spread abroad a multitude of men and women.”(An-Nisa': 1) where it alludes to the fact that when Almighty Allah created Adam, He created for him Eve as his wife. 

Naturally, had Almighty Allah wished that a man should have more than one wife, He would have created more wives for Adam instead of just one. This shows us that as far as a man’s physiological and psychological needs are concerned, they are completely satisfied even if he has a single wife. 

Let us now take a look at the verses, generally thought to be the basis of polygyny; But we'll firstly make a brief word about their background. 

A greater part of surat An-Nisa', in which these verses occur, deals with the society and its reformation. In this regard, the foremost sphere in which directives were given was that of the welfare of the orphans since they are one of the weakest sections of society. 

In Madinah, there came a time when many Muslims were martyred in various battles. As a result, many children were orphaned. In this situation, Almighty Allah called upon Muslims to look after these children and guard their wealth and property. In this regard, the already in-practice custom of polygyny in the Arabian society was resorted to. Muslims were told that if they were afraid that they would not be able to take proper care of these orphans, they should marry their widowed mothers. 

We will now take a look at the following Qur'anic verse: “If you fear that you would not be able to deal justly with the orphans, marry two, three or four of the women who are lawful for you. But if you fear that you would not be able to deal justly [with them] then [restrict yourself to] one only." (An-Nisa': 3) 

Three implications of this verse are very clear: 

We will now take a look at the following Qur'anic verse: “If you fear that you would not be able to deal justly with the orphans, marry two, three or four of the women who are lawful for you. But if you fear that you would not be able to deal justly [with them] then [restrict yourself to] one only." (An-Nisa': 3) 

Three implications of this verse are very clear: 
Firstly, polygyny is related to some social need. 

Thirdly, if a person cannot maintain balance and do justice to his wives, he must restrict himself to one. 
In other words, while in normal circumstances, a family comes into being through the union of a single man and woman, there may be certain exceptional circumstances in which the practice of polygyny may be benefited from with the restrictions mentioned in the above-mentioned verse. 
For example, in our society, many young widows and divorcees with small kids experience a life full of misery with no one around to take them as wives. Such widows and children can lead normal lives if the dispensation of polygyny is benefited from. Similarly, many young women who, after embracing Islam, have been abandoned by their non-Muslim husbands need Muslims to marry them. So, a number of problems can be solved by using this permission, which would have been impossible to overcome had Islam totally forbidden polygyny.
With this background, we will now come to your question regarding polyandry (woman having many husbands at the same time). It is common sense that if a family is to come into being, not only should there be only one head but also one person should not be placed under the command of multiple heads, otherwise, great anarchy would result. 
Since, in Muslim family, husbands takes the horn of leadership, if a wife has more than one husband, she would be placed under the authority of many husbands at the same time. This of course would only hasten to tear apart the fabric of a family unit. Furthermore, the lineage of the child borne by a woman having more than one husband cannot be ascertained. How would the father be ascertained? 

Someone might say that a DNA test would be able to do so. However, even if this test is used, there still are great chances of dissent between all the husbands with one claiming to be the father and the other denying him. 
Owing to these reasons, Islam makes it forbidden for a woman to be married to more than one husband at a time."
Also Salem al-Hasi writes:
Among the numerous misconceptions about Islam, is that it is the only religion that permits polygamy, and that Muslims are the only people who might practice it. On the contrary, polygamy was never prohibited in Judaism and Christianity, until a few centuries ago. Besides the fact that most of the prophets mentioned in the Old Testament were polygamous - both Jews and Christians practiced polygamy throughout a long period of their history. However, when examining the teachings of both faiths, neither Christianity nor Judaism provided clear guidelines and regulations in regards to this practice. 
In contrast with Judaism and Christianity, Islam dealt with polygamy more clearly. It provides legal requirements that restrain it, to a certain extent and this amounted to the discouragement of practicing polygamy. 
First of all, you should know that the general norm in Islam is monogamy and not polygamy. Also, the position of Islam towards polygamy is that it is neither mandatory nor encouraged, but merely permitted. More importantly, the permission to practice polygamy is associated with compassion towards widows and orphans, and is not associated with mere sexual satisfaction. Allah says:
If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice.
Surah 4 Verse 3

Dr. Jamal A. Badawi wrote a lot concerning polygamy, he wrote a work titled Polygamy in Islamic Law; we 

shall reproduce some of his writings regarding polygamy:

WHAT IS THE LEGAL STATUS OF POLYGAMY IN ISLAM?
 The verse which 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.(Abd Al-Ati, Hammuda, Islam in Focus, The Canadian Islamic center, Edmonton Alberta, Canada, 1963, p.103.)
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:
That polygamy is neither mandatory, nor encouraged, but merely permitted.
That the permission to practice polygamy is not associated with mere satisfaction of passion. It is rather associated with compassion toward widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
That even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other people at that time when many married as many as ten or more wives.
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 Quran say: “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 as 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 any as he pleases.” It also rules out the concept of “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 the court and ask for a divorce.
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.
 I is thus a free choice of both parties. As to the first wife:
She may be barren or ill and see in polygamy a better solution than divorce.
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).
She can go to court and ask for a divorce if there is evidence of mistreatment or injustice inflicted upon her.
 But if polygamy is discouraged and loaded with such constraints, could it have been better if the Quran simply forbade it? To answer this question, we may have to raise another one:

4. 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.
Individual cases:
1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heirs.
In a situation as this, the man would either have to:
-Suffer the deprivation of fatherhood for life.
-Divorce his barren wife and get married to another woman who is not barren.
 In many cases, neither solution can be considered as the best alternative. Polygamy would have the advantage of preserving the martial 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 the 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 teachings. The first solution is against human nature. Islam recognizes sex and sexual needs and provides for legitimate means for their satisfaction. The second solution is clearly less compassionate, especially where there is love between the two parties. Further more divorce is described by Prophet Muhammad (P) as the “permitted thing which is hated most by God.” The last solution is plainly against the Islamic teachings which forbid illicit sexual relations in any form.
To sum up, Islam being against immorality, hypocritical pretense 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, an optional solution.
b. Social cases
Anthropologists tell us that among various tribes and societies, polygamy is a social and economic necessity. In some very poor areas, the infant morality 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 situations would require the practice of polygamy. It is by this very reason 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. (See for example Campbell, D., In the Heart of the Bantuland, Seeley, service and Co.,Ltd., London, 1922, p. 160, and Cory H., Sukuma Law and Customs, Oxford University Press, N.Y., 1953, p.52.)
Aside from cases where women outnumber men, devastating wars, in the past and at present, have taken their roll 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 pleasure, 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 even criminals. Further more it is inhuman, humiliating for those children to grow up without knowing who their fathers were and without enjoying a lean and normal family life.


Finally, Sherif Abdel Azim writes:

The Quran, too, allowed polygamy, but not without restrictions:

"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 only one" (Quran 4:3).

The Quran, contrary to the Bible, limited the maximum number of wives to four under the strict condition of treating the wives equally and justly. It should not be understood that the Quran is exhorting the believers to practice polygamy, or that polygamy is considered as an ideal. In other words, the Quran has "tolerated" or "allowed" polygamy, and no more, but why? Why is polygamy permissible ? The answer is simple: there are places and times in which there are compelling social and moral reasons for polygamy. As the above Quranic verse indicates, the issue of polygamy in Islam cannot be understood apart from community obligations towards orphans and widows. Islam as a universal religion suitable for all places and all times could not ignore these compelling obligations.

In most human societies, females outnumber males. In the U.S. there are, at least, eight million more women than men. In a country like Guinea there are 122 females for every 100 males. In Tanzania, there are 95.1 males per 100 females. 55 What should a society do towards such unbalanced sex ratios? There are various solutions, some might suggest celibacy, others would prefer female infanticide (which does happen in some societies in the world today !). Others may think the only outlet is that the society should tolerate all manners of sexual permissiveness: prostitution, sex out of wedlock, homosexuality, etc. For other societies , like most African societies today, the most honorable outlet is to allow polygamous marriage as a culturally accepted and socially respected institution. The point that is often misunderstood in the West is that women in other cultures do not necessarily look at polygamy as a sign of women's degradation. For example, many young African brides , whether Christians or Muslims or otherwise, would prefer to marry a married man who has already proved himself to be a responsible husband. Many African wives urge their husbands to get a second wife so that they do not feel lonely. 56 A survey of over six thousand women, ranging in age from 15 to 59, conducted in the second largest city in Nigeria showed that 60 percent of these women would be pleased if their husbands took another wife. Only 23 percent expressed anger at the idea of sharing with another wife. Seventy-six percent of the women in a survey conducted in Kenya viewed polygamy positively. In a survey undertaken in rural Kenya, 25 out of 27 women considered polygamy to be better than monogamy. These women felt polygamy can be a happy and beneficial experience if the co-wives cooperate with each other. 57 Polygamy in most African societies is such a respectable institution that some Protestant churches are becoming more tolerant of it. A bishop of the Anglican Church in Kenya declared that, "Although monogamy may be ideal for the expression of love between husband and wife, the church should consider that in certain cultures polygyny is socially acceptable and that the belief that polygyny is contrary to Christianity is no longer tenable." 58 After a careful study of African polygamy, Reverend David Gitari of the Anglican Church has concluded that polygamy, as ideally practiced, is more Christian than divorce and remarriage as far as the abandoned wives and children are concerned. 59 I personally know of some highly educated African wives who, despite having lived in the West for many years, do not have any objections against polygamy. One of them, who lives in the U.S., solemnly exhorts her husband to get a second wife to help her in raising the kids.

The problem of the unbalanced sex ratios becomes truly problematic at times of war. Native American Indian tribes used to suffer highly unbalanced sex ratios after wartime losses. Women in these tribes, who in fact enjoyed a fairly high status, accepted polygamy as the best protection against indulgence in indecent activities. European settlers, without offering any other alternative, condemned this Indian polygamy as 'uncivilised'. 60 After the second world war, there were 7,300,000 more women than men in Germany (3.3 million of them were widows). There were 100 men aged 20 to 30 for every 167 women in that age group. 61 Many of these women needed a man not only as a companion but also as a provider for the household in a time of unprecedented misery and hardship. The soldiers of the victorious Allied Armies exploited these women's vulnerability. Many young girls and widows had liaisons with members of the occupying forces. Many American and British soldiers paid for their pleasures in cigarettes, chocolate, and bread. Children were overjoyed at the gifts these strangers brought. A 10 year old boy on hearing of such gifts from other children wished from all his heart for an 'Englishman' for his mother so that she need not go hungry any longer. 62 We have to ask our own conscience at this point: What is more dignifying to a woman? An accepted and respected second wife as in the native Indians' approach, or a virtual prostitute as in the 'civilised' Allies approach? In other words, what is more dignifying to a woman, the Quranic prescription or the theology based on the culture of the Roman Empire?

It is interesting to note that in an international youth conference held in Munich in 1948 the problem of the highly unbalanced sex ratio in Germany was discussed. When it became clear that no solution could be agreed upon, some participants suggested polygamy. The initial reaction of the gathering was a mixture of shock and disgust. However, after a careful study of the proposal, the participants agreed that it was the only possible solution. Consequently, polygamy was included among the conference final recommendations. 63

The world today possesses more weapons of mass destruction than ever before and the European churches might, sooner or later, be obliged to accept polygamy as the only way out. Father Hillman has thoughtfully recognized this fact, "It is quite conceivable that these genocidal techniques (nuclear, biological, chemical..) could produce so drastic an imbalance among the sexes that plural marriage would become a necessary means of survival....Then contrary to previous custom and law, an overriding natural and moral inclination might arise in favour of polygamy. In such a situation, theologians and church leaders would quickly produce weighty reasons and biblical texts to justify a new conception of marriage." 64

To the present day, polygamy continues to be a viable solution to some of the social ills of modern societies. The communal obligations that the Quran mentions in association with the permission of polygamy are more visible at present in some Western societies than in Africa. For example, In the United States today, there is a severe gender crisis in the black community. One out of every twenty young black males may die before reaching the age of 21. For those between 20 and 35 years of age, homicide is the leading cause of death. 65 Besides, many young black males are unemployed, in jail, or on dope. 66 As a result, one in four black women, at age 40, has never married, as compared with one in ten white women. 67 Moreover, many young black females become single mothers before the age of 20 and find themselves in need of providers. The end result of these tragic circumstances is that an increasing number of black women are engaged in what is called 'man-sharing'. 68 That is, many of these hapless single black women are involved in affairs with married men. The wives are often unaware of the fact that other women are 'sharing' their husbands with them. Some observers of the crisis of man-sharing in the African American community strongly recommend consensual polygamy as a temporary answer to the shortage of black males until more comprehensive reforms in the American society at large are undertaken. 69 By consensual polygamy they mean a polygamy that is sanctioned by the community and to which all the parties involved have agreed, as opposed to the usually secret man-sharing which is detrimental both to the wife and to the community in general. The problem of man-sharing in the African American community was the topic of a panel discussion held at Temple University in Philadelphia on January 27, 1993. 70 Some of the speakers recommended polygamy as one potential remedy for the crisis. They also suggested that polygamy should not be banned by law, particularly in a society that tolerates prostitution and mistresses. The comment of one woman from the audience that African Americans needed to learn from Africa where polygamy was responsibly practiced elicited enthusiastic applause.

Philip Kilbride, an American anthropologist of Roman Catholic heritage, in his provocative book, Plural marriage for our time, proposes polygamy as a solution to some of the ills of the American society at large. He argues that plural marriage may serve as a potential alternative for divorce in many cases in order to obviate the damaging impact of divorce on many children. He maintains that many divorces are caused by the rampant extramarital affairs in the American society. According to Kilbride, ending an extramarital affair in a polygamous marriage, rather than in a divorce, is better for the children, "Children would be better served if family augmentation rather than only separation and dissolution were seen as options." Moreover, he suggests that other groups will also benefit from plural marriage such as: elderly women who face a chronic shortage of men and the African Americans who are involved in man-sharing. 71

In 1987, a poll conducted by the student newspaper at the university of California at Berkeley asked the students whether they agreed that men should be allowed by law to have more than one wife in response to a perceived shortage of male marriage candidates in California. Almost all of the students polled approved of the idea. One female student even stated that a polyganous marriage would fulfil her emotional and physical needs while giving her greater freedom than a monogamous union. 72 In fact, this same argument is also used by the few remaining fundamentalist Mormon women who still practice polygamy in the U.S. They believe that polygamy is an ideal way for a woman to have both a career and children since the wives help each other care for the children. 73

It has to be added that polygamy in Islam is a matter of mutual consent. No one can force a woman to marry a married man. Besides, the wife has the right to stipulate that her husband must not marry any other woman as a second wife. 74 The Bible, on the other hand, sometimes resorts to forcible polygamy. A childless widow must marry her husband's brother, even if he is already married (see the "Plight of Widows" section),regardless of her consent (Genesis 38:8-10).

It should be noted that in many Muslim societies today the practice of polygamy is rare since the gap between the numbers of both sexes is not huge. One can, safely, say that the rate of polygamous marriages in the Muslim world is much less than the rate of extramarital affairs in the West. In other words, men in the Muslim world today are far more strictly monogamous than men in the Western world.

Billy Graham, the eminent Christian evangelist has recognized this fact: "Christianity cannot compromise on the question of polygamy. If present-day Christianity cannot do so, it is to its own detriment. Islam has permitted polygamy as a solution to social ills and has allowed a certain degree of latitude to human nature but only within the strictly defined framework of the law. Christian countries make a great show of monogamy, but actually they practice polygamy. No one is unaware of the part mistresses play in Western society. In this respect Islam is a fundamentally honest religion, and permits a Muslim to marry a second wife if he must, but strictly forbids all clandestine amatory associations in order to safeguard the moral probity of the community." 75



So it is crystal clear that the act of polygamy in Islam is completely legitimate and valid, and is not something disgusting or perverted as many like to claim.

Praise Allah!


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