Polygyny

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'''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.

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.

In contrast to this approach, various Fiqhi views have raised in contemporary era. These approaches allow polygyny under certain restrictions and conditions, and do not treat it as a general rule. These restrictions is imposed to ensure justice and prevent oppression. Based on the impossibility of justice in current circumstances, some jurists do not consider polygyny actually permissible. Some other regard it as 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 on the realization of justice in all individual and social aspects. The theory of "restricted permissibility" also is supported by some Sunni’s jurists who emphasize the precedence of repelling social harms (Mafasid) over acquiring benefits (Masalih).

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 '''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.
+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.
 In contrast to this approach, various Fiqhi views have raised in contemporary era. These approaches allow polygyny under certain restrictions and conditions, and do not treat it as a general rule. These restrictions is imposed to ensure justice and prevent oppression. Based on the impossibility of justice in current circumstances, some jurists do not consider polygyny actually permissible. Some other regard it as 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 on the realization of justice in all individual and social aspects. The theory of "restricted permissibility" also is supported by some Sunni’s jurists who emphasize the precedence of repelling social harms (Mafasid) over acquiring benefits (Masalih).

Polygyny: Difference between revisions