Polygyny: Difference between revisions
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'''Polygyny''' (in Persian: [[:fa:تعدد_زوجات|تعدد زوجات]]), meaning a man's permanent marriage to more than one woman, is a historical phenomenon that was prevalent in various societies and religions before Islam, particularly in the Orient. Islam did not invent this tradition; rather, with a restrictive and regulated approach, it confirmed it subject to specific conditions such as the observance of justice and with a numerical limitation. However, contemporary social, economic, and cultural developments, accompanied by increased sensitivity towards women's rights and the institution of the family, have caused the issue of polygyny to once again be placed critically at the center of attention in Fiqh, law, and social sciences. | '''Polygyny''' (in Persian: [[:fa:تعدد_زوجات|تعدد زوجات]]), meaning a man's permanent marriage to more than one woman, is a historical phenomenon that was prevalent in various societies and religions before Islam, particularly in the Orient. Islam did not invent this tradition; rather, with a restrictive and regulated approach, it confirmed it subject to specific conditions such as the observance of justice and with a numerical limitation. However, contemporary social, economic, and cultural developments, accompanied by increased sensitivity towards women's rights and the institution of the family, have caused the issue of polygyny to once again be placed critically at the center of attention in Fiqh, law, and social sciences. | ||
In traditional Islamic Fiqh, the dominant view is the absolute permissibility and sometimes the recommendability (Istihbab) of polygyny. This view is substantiated by Quranic verses, specifically [[ | In traditional Islamic Fiqh, the dominant view is the absolute permissibility and sometimes the recommendability (Istihbab) of polygyny. This view is substantiated by Quranic verses, specifically [[Quran 4:3]] and [[Verse 129 of Surah An-Nisa|Quran 4:129]], narrations from both sects (Shi'a and Sunni), and the [[Consensus]] of jurists. To resolve the apparent conflict between the condition of observing justice among wives in the third verse of Nisa and the indication of the impossibility of its full realization in verse 129 of the same Surah, jurists have distinguished between "practical justice" (in [[Nafaqa]], housing, and sleeping rights) and "heart justice" (emotional inclination), considering only the former as a condition of obligation. | ||
In contrast to this approach, diverse contemporary Fiqhi views have emerged. These approaches have shifted the ruling of permissibility from an absolute permission towards a restricted and conditional permission. The main axis of these restrictions is justice and the prevention of oppression (Zulm). Some, citing the impossibility of justice in current conditions, consider polygyny effectively impermissible. Another group has deemed it Makruh (disliked) due to the difficulty of justice. Some views also condition the permissibility or even the validity of remarriage on the consent of the first wife, or the realization of justice in all individual and social dimensions. Among the Sunnis, the theory of "restricted permissibility" also has proponents who emphasize the precedence of repelling social harms (Mafasid) over acquiring benefits (Masalih). | In contrast to this approach, diverse contemporary Fiqhi views have emerged. These approaches have shifted the ruling of permissibility from an absolute permission towards a restricted and conditional permission. The main axis of these restrictions is justice and the prevention of oppression (Zulm). Some, citing the impossibility of justice in current conditions, consider polygyny effectively impermissible. Another group has deemed it Makruh (disliked) due to the difficulty of justice. Some views also condition the permissibility or even the validity of remarriage on the consent of the first wife, or the realization of justice in all individual and social dimensions. Among the Sunnis, the theory of "restricted permissibility" also has proponents who emphasize the precedence of repelling social harms (Mafasid) over acquiring benefits (Masalih). | ||