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Polygyny

From Encyclopedia of Contemporary Jurisprudence
  • Abstract

Polygyny (Ta'addud Zawjat), 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 Verses 3 and 129 of Surah An-Nisa, 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).

Some thinkers, like Allameh Tabatabai, while accepting the principle of permissibility, highlight the role of the Islamic government in preventing oppressive marriages. Utilizing the capacity of conditions within the marriage contract as a legal tool to limit polygyny is another contemporary development. Finally, some consider polygyny a seasonal ruling dependent on the conditions of the era of revelation and introduce monogamy as the primary and permanent pattern of marriage in Islam. In summary, the issue of polygyny in Contemporary Jurisprudence has passed from a simple ruling to become a complex issue with Fiqhi, legal, social, and moral dimensions that requires revisiting and attention to the conditions of time and place.

Clarification of the Issue

Polygyny, meaning a man taking more than one permanent wife, is a phenomenon with deep roots in the history of human societies and religions. This practice was common among ancient nations such as the Persians, Indians, Egyptians, as well as in the Jewish and Zoroastrian religions, and especially in the Orient;[1] therefore, Islam, as the Seal of Religions, did not invent this tradition, but in encountering it, adopted a restrictive and systematic approach and confirmed it by establishing specific laws 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 implementing justice among wives, the psychological and social consequences resulting from it, and modern interpretations of religious texts have led to the formation of restricted and conditional views among jurists and legal experts, some of which will be explained in this article.

Some contemporary studies claim the existence of numerous challenges in remarriage. Based on the findings of these studies, women living in polygynous families face problems including low levels of self-esteem, dysfunction in family and child-rearing, 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 following the polygynous pattern is harmful to modern humans and requires fundamental revision.[2]

Numerous books and articles have analyzed this phenomenon from sociological, psychological, and legal perspectives, among which one can refer to the book The System of Women's Rights in Islam by Morteza Mutahhari, which explains the philosophy and wisdoms of this ruling in specific conditions.[3]

Evidence for the Permissibility of Polygyny

The view of polygyny from the perspective of common traditional jurists is its absolute permissibility and even its recommendability.[4] This view has substantiated the permissibility of polygyny with numerous evidences from the Book (Quran), Sunnah, and Consensus; including:

Quran Verses

The most important Quranic reasons for the proponents of the permissibility of polygyny are Verses 3 and 129 of Surah An-Nisa. In the third verse, the phrase "Fankihu ma taba lakum..." (Then marry those that please you...) is considered the main Quranic documentation for the permissibility of polygyny.[5] Jurists have inferred only permissibility from the imperative form in this verse;[6] because this command is suspended on "fear" and is in the context of the illusion of prohibition.[7] Additionally, the "waw" (and) in "Mathna wa Thulatha wa Ruba'a" (two and three and four) is considered, based on consensus, to mean "or" for limiting the ruling to four wives.[8]

Verse 3 of Surah An-Nisa conditions the permissibility of plurality on the observance of justice: "Fa-in khiftum alla ta'dilu fa-wahidah" (But if you fear that you will not be just, 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" (And you will never be able to be equal [in feeling] between wives). The famous Fiqhi view, by distinguishing between "practical justice" — meaning matters such as providing Nafaqa, housing, clothing, and observing the right of sleeping together, which they consider possible — and "heart justice" which they consider impossible and outside of obligation, has attempted to resolve the apparent conflict between the two verses. According to them, polygyny is permissible with the observance of the condition of practical justice.[9]

Narrations

In the narrative sources of both sects (Fariqayn), there are numerous hadiths regarding the permissibility of polygyny up to four wives. For example, Imam Sadiq (a.s.) did not consider marriage to more than four free women lawful;[10] from this narration, it is inferred that marriage up to four wives is permissible.[11] There are also narrations in Sunni sources regarding this.[12] Additionally, the practical Seerah (lifestyle) of the Prophet (s) and the Imams (a.s.) is considered evidence for the legitimacy of this matter. And some, citing it, have argued for the recommendability of polygyny even without the need for a new wife.[13]

Consensus

The permissibility of polygyny has also been substantiated by Consensus. Sheikh Tusi and Allameh Hilli have narrated this consensus with various expressions.[14] Some have even considered it a necessity of religion.[15] Fakhr Razi also, after disputing some narrations regarding the permissibility of polygyny, considers the argument of consensus sufficient to prove it.[16]

Contemporary Fiqhi Views on Polygyny

Despite the common view in traditional Fiqh regarding the absolute permissibility and even recommendability of polygyny, this opinion has faced interpretative, Fiqhi, and social challenges in the contemporary period; for this reason, other views have been expressed regarding this today; including:

Impermissibility in Current Conditions

Some researchers believe that since in the current time, the condition of permissibility, i.e., justice, is an impossible matter; therefore, the conditioned, i.e., polygyny, is also practically precluded and impermissible. Hassan Mustafavi emphasizes in this regard that sufficiency with one wife prevents dominance over women; because polygyny, due to the pressures it imposes on women in various dimensions, provides the ground for oppression. Citing Verse 3 of Surah An-Nisa, he believes that polygyny in the current time is contrary to piety (Taqwa), opposed to divine duties, and a cause of division in the family, the emergence of hatred and unrest, and an obstacle to acquiring true felicity. Therefore, a man who seeks justice, fairness, and piety should not expose himself to such animalistic and malicious desires. In his view, this verse also only points to the primary requirement and lack of prohibition in the presence of conditions.[17]

Karahat (Dislike) of Polygyny Due to Difficulty of Justice

A group, noting the difficulty of implementing justice, considers polygyny Makruh (disliked). Sheikh Tusi's fatwa on the recommendability of satisfying oneself with one wife[18] has been interpreted as implying the possibility of Karahat in plurality.[19] Ali Panah Eshtehardi, a Shi'a jurist, after proving the principle of permissibility of remarriage, counts it among cases where avoidance is appropriate due to the possibility of falling into suspicion (Shubha): like buying and selling in darkness. He considers remarriage as being exposed to the hatred and enmity of women and the abandonment of justice by men, and citing the difficulty of justice in this matter stated in Verse 129 of Nisa, argues for Karahat and does not consider adhering to the Seerah as sufficient.[20]

Conditioning Permissibility and Validity on First Wife's Consent

Yousef Saanei considers the principle of permissibility and also the validity of polygyny to be conditioned, both in terms of religious duty (Taklifan) and situational validity (Wad'an), on the consent of the first wife. In his belief, remarriage is only permissible when it is not Munkar (disapproved) and offensive to the first wife, but rather accepted and consented to by her. Saanei, pointing to the verse "Wa 'ashiruhunna bil-ma'ruf" (Nisa/ 19), which emphasizes the necessity of consorting with women in kindness, argues that remarriage without the consent of the first wife and annoying her is contrary to this Quranic command and is therefore not permissible Taklifan, and Wad'an, its contract is void. Only if the first wife consents out of free will and choice, not out of coercion and pressure, is there no obstacle.[21]

Conditioning Permissibility on Justice

In this view, the principle of permissibility is restricted to justice in all aspects. Muhammad Sadeqi Tehrani believes that marriage to multiple women and even to one woman is conditioned and restricted to "justice". Citing the phrase from the third verse of Surah An-Nisa "Fa-in khiftum alla ta'dilu fa-wahidah aw ma malakat aymanukum", he states that the condition of justice here is absolute and pervasive and is not limited only to relationships between wives, but includes justice in society, justice between wives, justice towards one wife, and even justice in the right of marriage itself. In his opinion, the main axis of marriage, even regarding the first wife or bondmaids, is the observance of justice in all its dimensions. Therefore, if you fear not establishing justice in any of these stages, you are only permitted to marry a fewer number or must suffice with what does not direct oppression towards others.[22]

The theory of restricted permissibility also has proponents among the Sunnis. Rashid Rida believes that polygyny, which had benefits in early Islam, has brought about many individual and social harms (Mafasid) in the present age. 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. Rashid Rida emphasizes that scholars have a duty to scrutinize this issue, considering that the Sharia is built upon benefits (Masalih). He concludes that polygyny in cases where there is a fear of not establishing justice is haram (forbidden); because repelling harms takes precedence over acquiring benefits.[23]

Government Prevention of Oppressive Marriages

Allameh Tabatabai, while defending the principle of the permissibility of polygyny, points to the corruptions resulting from it in some Islamic societies and the oppressions that occur in this regard, attributing these corruptions to the actions of Muslims, not to Islam. He suggests that the Islamic government, considering the public interests of society, can deal with oppressive multiple marriages and prevent them. 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, but is merely an executive understanding, similar to an individual's decision to abandon polygyny due to personal interest.[24]

Utilizing the Capacity of Condition Within the Contract

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. From a Fiqhi perspective, the husband and wife can stipulate any condition within the contract that is possible to perform, is not religiously forbidden, has rational benefit, is not contrary to the Book and Sunnah, and is also not contrary to the requirement of the contract itself.[25] In current marriage contracts, if accepted by the husband, the man gives the woman irrevocable power of attorney to divorce herself in the event of the man's remarriage or failure to observe justice among his wives. 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.[26]

Polygyny as a Seasonal Ruling of the Era of Issuance

According to Mohsen Kadivar, monogamous marriage is the fixed and primary ruling of Islam, and in contrast, polygyny was a seasonal ruling appropriate to the specific conditions of the era of revelation. He considers its continuation in the current era possible only in emergency conditions, such as a severe reduction in the number of men after war or the wife's infertility, and even that solely with the permission and consent of the first wife. To prove this view, Kadivar cites the Seerah of the Prophet (s) and Imam Ali (a.s.), who did not take another wife during the lifetime of Khadija and Fatimah (s.a.), and believes this matter, alongside women's innate lack of desire for their husband's remarriage, is 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.[27]

Footnotes

  1. ↑ Durant, The Story of Civilization, vol. 1, pp. 51-52; Le Bon, The Civilization of Arabs, p. 131.
  2. ↑ Dashtiyaneh et al., "Polygamy and its Psycho-Social Consequences for Women", p. 40.
  3. ↑ Mutahhari, The System of Women's Rights in Islam, pp. 283-355.
  4. ↑ Sabzevari, Muhadhdhab al-Ahkam, vol. 24, p. 8; Tabrizi, Sirat al-Najat, vol. 6, p. 260.
  5. ↑ Mufid, Ahkam al-Nisa, p. 42.
  6. ↑ Jassas, Ahkam al-Qur'an, vol. 2, pp. 342-343; Kazemi, Masalik al-Afham ila Ayat al-Ahkam; vol. 3, p. 179.
  7. ↑ Najafi, Jawahir al-Kalam, vol. 29, pp. 10-11; Yazdi, Al-Urwa al-Wuthqa, vol. 2, p. 748, marginal note by Makarem Shirazi.
  8. ↑ Tusi, Al-Khilaf, vol. 4, pp. 293-294.
  9. ↑ 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.
  10. ↑ Hurr al-Amili, Wasa'il al-Shi'a, vol. 20, p. 518,
  11. ↑ Qummi Tabatabai, Mabani Minhaj al-Salihin, vol. 9, p. 626.
  12. ↑ Bukhari, Sahih al-Bukhari, vol. 8, pp. 140-141.
  13. ↑ Najafi, Jawahir al-Kalam, vol. 29, p. 35; Amili, Al-Zubdah al-Fiqhiyyah, vol. 6, p. 112.
  14. ↑ Tusi, Al-Khilaf, vol. 4, p. 293; Hilli, Tadhkirat al-Fuqaha, p. 638.
  15. ↑ Mughniyeh, Al-Tafsir al-Kashif, vol. 2, p. 248.
  16. ↑ Fakhr Razi, Al-Tafsir al-Kabir, vol. 9, p. 488.
  17. ↑ Mustafavi, Al-Tahqiq fi Kalimat al-Qur'an al-Karim, vol. 8, p. 265.
  18. ↑ Sheikh Tusi, Al-Mabsut, vol. 6, p. 4.
  19. ↑ Ardabili, Zubdat al-Bayan, p. 509.
  20. ↑ Eshtehardi, Madarik al-Urwa, vol. 29, pp. 20-21.
  21. ↑ Saanei, "Discussion regarding the Family Protection Bill", in Safir-e Hayat Magazine.
  22. ↑ Sadeqi Tehrani, Al-Furqan, vol. 6, pp. 171-172.
  23. ↑ Rashid Rida, Tafsir al-Manar, vol. 4, pp. 349-350.
  24. ↑ Tabatabai, Al-Mizan, vol. 4, pp. 190-194.
  25. ↑ Ansari, Kitab al-Makasib, vol. 6, pp. 15-22.
  26. ↑ Hakim, Minhaj al-Salihin, vol. 2, p. 296.
  27. ↑ Kadivar, "Monogamy is the Fixed Ruling of Islam", located on the author's website.

References

The Holy Quran

Ardabili, Ahmad bin Muhammad, Zubdat al-Bayan fi Ahkam al-Qur'an, Tehran: Al-Maktabah al-Ja'fariyyah li-Ihya al-Athar al-Ja'fariyyah, n.d.

Eshtehardi, Ali Panah, Madarik al-Urwa, Tehran: Dar al-Uswah, 1417 AH.

Ansari, Morteza, Kitab al-Makasib, Qom: World Congress for Commemorating Sheikh Ansari, 1415 AH.

Bukhari, Muhammad, Sahih al-Bukhari, n.p.: Maktabat al-Bushra, 1391 SH.

Tabrizi, Jawad, Sirat al-Najat, Qom: Dar al-Siddiqah al-Shahidah, 1427 AH.

Jassas, Ahmad bin Ali, Ahkam al-Qur'an, Beirut: Dar Ihya al-Turath al-Arabi, 1405 AH.

Hurr al-Amili, Muhammad bin Hasan, Wasa'il al-Shi'a, Qom: Mu'assasat Al al-Bayt, 1409 AH.

Hakim, Sayyid Muhsin, Minhaj al-Salihin, Beirut: Dar al-Ta'arif, 1410 AH.

Hilli, Hasan bin Yusuf, Tadhkirat al-Fuqaha, Qom: Mu'assasat Al al-Bayt, 1388 SH.

Hilli, Miqdad bin Abdullah Siwri, Kanz al-Irfan fi Fiqh al-Qur'an, Qom: Mortazavi Publications, 1425 AH.

Dashtiyaneh, Soudeh; Zare, Shiva and Khorramdel, Kazem, "Polygamy and its Psycho-Social Consequences for Women", Shenakht Journal of Psychology and Psychiatry, Year 8, No. 4, 1400 SH.

Durant, Will, The Story of Civilization, translated by Ahmad Aram et al., Tehran: Iqbal, 1337 SH.

Rashid Rida, Muhammad, Tafsir al-Manar, Beirut: Dar al-Ma'rifah, 1414 AH.

Zamakhshari, Mahmud bin Umar, Al-Kashshaf, Beirut: Dar al-Kitab al-Arabi, 1407 AH.

Sabzevari, Sayyid Abd al-A'la, Muhadhdhab al-Ahkam, Qom: Al-Manar Institute, 1413 AH.

Sadeqi Tehrani, Muhammad, Al-Furqan fi Tafsir al-Qur'an bi-l-Qur'an wa-l-Sunnah, Qom: Farhang-e Eslami, 1406 AH.

Saanei, Yousef, "Discussion regarding the Family Protection Bill", in Safir-e Hayat Magazine, No. 24, 1391 SH.

Tabatabai, Muhammad Husayn, Al-Mizan fi Tafsir al-Qur'an, Beirut: Al-A'lami Institute, 1390 SH.

Tusi, Muhammad bin Hasan, Al-Khilaf, Qom: Islamic Publications Office, 1407 AH.

Tusi, Muhammad bin Hasan, Al-Mabsut fi Fiqh al-Imamiyyah, Tehran: Al-Maktabah al-Murtadawiyyah, 1387 SH.

Amili, Sayyid Muhammad Husayn Tarhini, Al-Zubdah al-Fiqhiyyah, Qom: Dar al-Fiqh, 1427 AH.

Fakhr Razi, Muhammad bin Umar, Al-Tafsir al-Kabir, Beirut: Dar Ihya al-Turath al-Arabi, 1420 AH.

Qummi, Sayyid Taqi, Mabani Minhaj al-Salihin, Qom: Qalam al-Sharq, 1426 AH.

Kazemi, Jawad, Masalik al-Afham ila Ayat al-Ahkam, n.p.: n.p., n.d.

Kadivar, Mohsen, "Monogamy is the Fixed Ruling of Islam", located on the author's website, accessed Jan 1, 2026.

Le Bon, Gustave, The Civilization of Arabs, translated by Mohammad Taqi Fakhr-e Daei Gilani, Tehran: Elmi, 1318 SH.

Mostafavi, Hassan, Al-Tahqiq fi Kalimat al-Qur'an al-Karim, Tehran: Ministry of Culture and Islamic Guidance, 1368 SH.

Motahhari, Morteza, The System of Women's Rights in Islam, Tehran: Sadra, 1373 SH.

Mughniyya, Muhammad Jawad, Al-Tafsir al-Kashif, Qom: Dar al-Kitab al-Islami, 1424 AH.

Mufid, Muhammad bin Muhammad, Ahkam al-Nisa, Qom: Congress of Sheikh Mufid, 1413 AH.

Mufid, Muhammad bin Muhammad, Al-Muqni'a, Qom: Congress of Sheikh Mufid, 1413 AH.

Najafi, Muhammad Hasan, Jawahir al-Kalam, Beirut: Dar Ihya al-Turath al-Arabi, 1404 AH.

Yazdi, Sayyid Muhammad Kazim, Al-Urwa al-Wuthqa, Qom: Imam Ali bin Abi Talib School Publications, 1428 AH.

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