Polygyny: Difference between revisions

'''Polygyny''' (in Persian: [[:fa:تعدد_زوجات|تعدد زوجات]]), i.e. permanent marriage of a man to more than one woman at the same time, is a historical phenomenon that was prevalent in various societies and religions before Islam, particularly in the Orient. Without creating this tradition, Islam validated it with some rules and restrictions and certain conditions such as ensuring justice and numerical limitation. However, the polygyny issue was brought again to the critical attention of Fiqh, law, and social sciences because of contemporary social, economic, and cultural developments, accompanied by increased sensitivity towards women's rights and the family institution.

In the traditional Fiqh, the dominant view is the absolute permissibility, and sometimes the recommendation (Istihbab), of polygyny. This view is substantiated by Quranic verses, specifically [[Quran 4:3]] and [[Verse 129 of Surah An-Nisa|Quran 4:129]], Hadiths of both sects (Shi'a and Sunni), and the [[Consensus]] of jurists. To resolve the conflict seems to be between the condition of ensuring justice among wives, in the third verse of Surah Nisa, and the indication of the impossibility of the full realization of such a thing, in verse 129 of that Surah, jurists distinguished between "practical justice" (in [[Nafaqa]], housing, and sleeping rights) and "heart justice" (emotional inclination), considering only the former was obligated.

 

Some thinkers, including [[Allameh Tabatabai]], while accepting the permissibility in principle, emphasize on the role of Islamic government in preventing oppressive marriages. Use of contractual conditions as a legal tool for restricting polygyny is another contemporary development. Finally, he regarded polygyny as an ad hoc measure related to the conditions of the Revelation Age and introduced monogamy as the primary and permanent pattern of marriage in Islam. To sum up, the issue of polygyny in contemporary jurisprudence turned into a complex issue with Fiqhi, legal, social, and moral aspects that requires revisiting and the time and place circumstances of that issue must be considered.

Polygyny, i.e. permanent marriage of a man to more than one woman at the same time, is a phenomenon that has a long story in human societies and religions. This was a common thing especially in the Orient and among ancient nations such as the Persians, Indians, Egyptians, as well as in the Jewish and Zoroastrian religions.<ref>Durant, The Story of Civilization, vol. 1, pp. 51-52; Le Bon, The Civilization of Arabs, p. 131.</ref> Therefore, Islam, as the Seal of the Religions, did not invent this tradition, but encountered it restrictively and systematically, and validated it through establishment of certain regulations and conditions.

The re-emergence of this issue in the contemporary era has gained special importance due to social, economic, and cultural developments, as well as increased awareness and demands regarding women's and family rights. The emergence of practical challenges in ensuring justice among wives, the psychological and social consequences resulting from it, and the new interpretations of religious texts have resulted in the development of restrictive and conditional views among jurists and legal experts, some of which will be explained in this entry.

Some recent studies maintain that remarriage faces numerous challenges. Based on the findings of these studies, women living in polygamous families engage problems such as low self-esteem, dysfunctional family and parenting disorder, as well as numerous mental and physical disorders such as depression, anxiety, paranoia, and hostility. The authors of this research believe that existing evidence shows that polygamous patterns are detrimental to modern humans and should be fundamentally revised.<ref>Dashtiyaneh et al., "Polygamy and its Psycho-Social Consequences for Women", p. 40.</ref>

This phenomenon have been analyzed, in many works, from sociological, psychological, and legal perspectives, among which one can refer to the [[The System of Women's Rights in Islam (book)|book The System of Women's Rights in Islam]] by Morteza Mutahhari, which explains the philosophy and wisdoms of this ruling in specific conditions.<ref>Mutahhari, The System of Women's Rights in Islam, pp. 283-355.</ref>

== Arguments for Polygyny ==

On the majority opinion of traditional jurists, polygyny is absolutely permissible and even it is recommended.<ref name=":0">Sabzevari, Muhadhdhab al-Ahkam, vol. 24, p. 8; Tabrizi, Sirat al-Najat, vol. 6, p. 260.</ref> This view has substantiated the permissibility of polygyny with numerous evidences from the Book (Quran), Sunnah, and Consensus; including:

The most important Quranic evidence in favor of polygyny are [[Quran 4:3]] and [[Verse 129 of Surah An-Nisa|Quran 4:129]]. The former contains the main phrase cited for the permissibility of polygyny, namely: "Fankihu ma taba lakum..." (you may marry whichever women seem good to you...).<ref>Mufid, Ahkam al-Nisa, p. 42.</ref> According to jurists, the imperative in this verse only indicates on permissibility;<ref>Jassas, Ahkam al-Qur'an, vol. 2, pp. 342-343; Kazemi, Masalik al-Afham ila Ayat al-Ahkam; vol. 3, p. 179.</ref> because this command is suspended on "fear" and is stated after prohibition (in Fiqhi terms: as an illusion of prohibition).<ref>Najafi, Jawahir al-Kalam, vol. 29, pp. 10-11; Yazdi, Al-Urwa al-Wuthqa, vol. 2, p. 748, marginal note by Makarem Shirazi.</ref> Additionally, there is a consensus among jurists that the "waw" (and) in "Mathna wa Thulatha wa Ruba'a" (two and three and four) means "or" and therefore the verse restricts the ruling to four wives.<ref>Tusi, Al-Khilaf, vol. 4, pp. 293-294.</ref>

Verse 3 of Surah An-Nisa conditions the permissibility of polygyny on doing justice: "Fa-in khiftum alla ta'dilu fa-wahidah" (If you fear that you cannot be equitable [to them], then marry only one), while verse 129 of the same Surah considers its realization impossible: "Wa lan tastati'u an ta'dilu bayn an-nisa" (You will never be able to treat your wives with equal fairness). The majority of jurists (Fuqaha) reconcile this seeming conflict between these verses by distinguishing between "practical justice" —i.e. things such as providing [[Nafaqa]], housing, clothing, and observing the right of sexual intercourse which they regarded as possible — and "heart justice" which they consider impossible and outside of obligation. According to them, polygyny is permissible provided that the practical justice is observed.<ref>Mufid, Al-Muqni'a, p. 517; Tusi, Al-Mabsut, vol. 8, p. 149; Zamakhshari, Al-Kashshaf, vol. 1, p. 572; Hilli, Kanz al-Irfan, vol. 2, p. 215.</ref>

=== Hadiths ===

There are numerous hadiths, in the hadith collocations of both Islamic sects, permit polygyny up to four wives. For example, Imam Sadiq (a.s.) did not consider marriage to more than four free women lawful;<ref>Hurr al-Amili, Wasa'il al-Shi'a, vol. 20, p. 518,</ref> it might be inferred from this hadith that marriage up to four wives is permissible.<ref>Qummi Tabatabai, Mabani Minhaj al-Salihin, vol. 9, p. 626.</ref> There are also hadiths in this regard in Sunni sources.<ref>Bukhari, Sahih al-Bukhari, vol. 8, pp. 140-141.</ref> Furthermore, the practical Sirah of the Prophet (s.) and the Imams (a.s.) is considered evidence for the legitimacy of polygyny. And based on it, some argued that polygyny is recommended even if there is no need for a new wife.<ref>Najafi, Jawahir al-Kalam, vol. 29, p. 35; Amili, Al-Zubdah al-Fiqhiyyah, vol. 6, p. 112.</ref>

The permissibility of polygyny has also been substantiated by [[Consensus]]. Sheikh Tusi and Allameh Hilli have reported this consensus in various expressions.<ref>Tusi, Al-Khilaf, vol. 4, p. 293; Hilli, Tadhkirat al-Fuqaha, p. 638.</ref> Some have even considered it a necessity of the religion.<ref>Mughniyeh, Al-Tafsir al-Kashif, vol. 2, p. 248.</ref> Disputing some hadiths indicating permissibility of polygyny, Fakhr Razi also considers the consensus sufficient to recognize it.<ref>Fakhr Razi, Al-Tafsir al-Kabir, vol. 9, p. 488.</ref>

Despite the common view in traditional Fiqh that polygyny is absolute permissible and even recommended, this opinion has faced interpretative, Fiqhi, and social challenges in the contemporary period; therefore, nowadays other views have been raised regarding this; including:

=== Impermissibility under Current Conditions ===

Some researchers believe that since nowadays man cannot meet the condition, i.e. justice between his wives, therefore, the conditioned, i.e., polygyny, is dismissed and impermissible in practice. In this regard, [[Hassan Mustafavi]] emphasizes that limiting marriage to a single wife helps prevent forms of domination over women, because polygyny, by imposing various pressures it imposes on women in various dimensions, creates conditions that may enable injustice. Citing Verse 3 of Surah An-Nisa, he believes that in the current time polygyny is incompatible whit piety (Taqwa), contrary to Sharia duties, and it causes of discord in the family and hatred and unrest, and is an obstacle to acquiring real felicity. Therefore, a man who seeks justice, fairness, and piety should not expose himself to such animalistic and malicious desires. According to him, this verse points to the essential requirement and indicates the permissibility when conditions are met.<ref>Mustafavi, Al-Tahqiq fi Kalimat al-Qur'an al-Karim, vol. 8, p. 265.</ref>

=== Discouragement (Karahah) of Polygyny Due to the Difficulty of Achieving Justice ===

Based on difficulty of implementing justice, some jurists consider polygyny Makruh (discouraged). Sheikh Tusi's fatwa that it is recommended to limit marriage to a single wife<ref>Sheikh Tusi, Al-Mabsut, vol. 6, p. 4.</ref> is interpreted as discouragement (Karahah) of polygyny.<ref>Ardabili, Zubdat al-Bayan, p. 509.</ref>, Recognizing the permissibility of remarriage in principle, [[Ali Panah Eshtehardi]], a Shia jurist, counts it among cases, buying and selling in darkness, that should be avoided due to being suspicious (in Fiqhi terms: Shubha). According to him, remarriage causes women’s hatred and enmity, and may create the conditions in which men cannot treat equality. Therefore he argues for Karahat of polygyny, citing the difficulty of achieving justice in this situation that stated in Verse 129 of Nisa, and believes that Sirah is not sufficient argument in this regard.<ref>Eshtehardi, Madarik al-Urwa, vol. 29, pp. 20-21.</ref>

According to [[Yousef Saanei]], both permissibility and validity of polygyny are, statutorily and situationally, conditioned upon the consent of the first wife. In his belief, remarriage is permissible just in case that it is not Munkar (disapproved) and offensive to the first wife, but rather accepted and consented to by her. Pointing to the verse "Wa 'ashiruhunna bil-ma'ruf" (Live with them in accordance with what is fair and kind) ([[Quran 4:19]]), which emphasizes the necessity of consorting with women in kindness, Saanei argues that remarriage without the consent of the first wife and annoying her is contrary to this Quranic command and therefore is not permissible statutorily, and has a void (batil) status. It could be done without any objection only if the first wife consents out of free will and choice, not out of coercion and pressure.<ref>Saanei, "Discussion regarding the Family Protection Bill", in Safir-e Hayat Magazine.</ref>

=== Permissible, Provided Equality is treated ===

According to this view, permissibility of polygyny is conditioned on observing justice in all aspects. [[Muhammad Sadeqi Tehrani]] believes that marriage to more than one women and even to one woman is conditioned on and restricted to observing "justice". Citing the phrase from verse 3 of Surah An-Nisa "Fa-in khiftum alla ta'dilu fa-wahidah aw ma malakat aymanukum", he states that the justice mentioned here is an absolute and general condition and is not limited only to relationships between wives, but includes justice towards society, wives, one wife (in case of monogamy), and even the right of marriage itself. In his opinion, the base of marriage is the observance of justice in all aspects, whether the woman is the first wife or of the other wives and even bondwoman. Therefore, if you fear not observing justice in any of these aspects, you are not permitted to do that; otherwise you must do something that does not cause injustice to others.<ref>Sadeqi Tehrani, Al-Furqan, vol. 6, pp. 171-172.</ref>

The theory of restricted permissibility also has proponents among the Sunnis. Rashid Rida believes that nowadays polygyny brings about many individual and social harms (Mafasid), though it had some benefits during early Islamic period. He believes that the shared life of two women in one house often leads to enmity and conflict between them and their children, and these harms spread to society. Considering that the Sharia is built upon benefits (Masalih), Rashid Rida emphasizes that scholars have to scrutinize this issue. He concludes that polygyny in cases where there is a fear of not observing justice is haram (forbidden), because repelling harms takes precedence over acquiring benefits.<ref>Rashid Rida, Tafsir al-Manar, vol. 4, pp. 349-350.</ref>

=== Government Intervening to prevent Oppressive Marriages ===

Recognizing the permissibility of polygyny in principle, [[Allameh Tabatabai]] points to the corruptions resulting from it in some Islamic societies and the oppressions that occur in this regard, and attributes these corruptions to the actions of Muslims, not to Islam. He suggests that the Islamic government can take legal action against oppressive polygyny and prevent it for public interests of society. Tabatabai believes that such a prohibition is a public executive action aimed at preserving [[Interest]] (Maslahat) and does not mean changing the divine ruling of the permissibility of polygyny; such a decision is solely related to executive phase, just like an individual's decision to abandon polygyny due to personal interest.<ref>Tabatabai, Al-Mizan, vol. 4, pp. 190-194.</ref>

=== Use of Contractual Conditions ===

One of the important developments in the modern era is the inclusion of conditions within the marriage contract (Nikah) that give women powers regarding polygyny. As stated in Fiqh, couples can stipulate any condition within the contract provided that it is possible to perform and not religiously forbidden, has rational benefit, and is not contrary to the Quran and Sunnah as well as the requirement of the contract itself.<ref>Ansari, Kitab al-Makasib, vol. 6, pp. 15-22.</ref> In the current marriage contracts the man gives the woman irrevocable power of attorney to divorce herself in the event of the man's remarriage or failure to treat his wives equally; of course, this is must be accepted by husband. Sayyid Muhsin Hakim, a Shi'a jurist, has considered even the condition of the man's non-remarriage to be permissible and also believes that if the husband violates it and takes another wife, his second marriage is not valid.<ref>Hakim, Minhaj al-Salihin, vol. 2, p. 296.</ref>

=== Polygyny as a Seasonal Ruling of the Age of Revelation ===

According to Mohsen Kadivar, the primary ruling of Islam monogamous marriage, in contrast to polygyny which was a seasonal ruling appropriate to the specific conditions of the Age of Revelation. Nowadays, he believes, it could be considered possible only in emergencies such as a severe reduction in the number of men after war or the wife's infertility; of course it is permissible just in case of first wife’s permission and consent. Kadivar cites the Sira of the Prophet (s.) and Imam Ali (a.s.) to prove this view, arguing that they did not take another wife during the lifetime of Khadija and Fatimah (s.a.), and, apart from women's inherent reluctance to their husband's remarriage, this is, in his opinion, a sign of the monogamous nature of marital life. He regards the jurists' citation of the verses of Surah An-Nisa as a male-centric understanding and believes that there is no evidence that can prove polygyny as a permanent and unconditional ruling.<ref>Kadivar, "Monogamy is the Fixed Ruling of Islam", located on the author's website.</ref>