Prof. Dr. Sinsi
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What Are The Conditions Of Polygamy?
POLYGAMY
"A man who has two wives and who is completely inclined to one and who ignores the other emerges with one side of his body paralyzed in the Day of Judgment " (Hadith; Ibn Majah, Nikah, 47; Mishqatl’l-masabih, 2/196)
Antique Egypt Law: A man could marry more than one woman under some circumstances
Babel Law: according to Hammurabi laws if a woman could not bear a child or had a serious disease the husband could have a concubine
Chinese Law: If the wealth of the husband were sufficient, he could marry secondary wives However, the children from the secondary wives were regarded as the children of the first wife
Antique Brahmans: According to the book Vichnou, men could marry one, two, three or more women in accordance with their classes In the book Apastamba there was a limit; if the woman carried out her tasks and she had a male child, the husband could not marry a second woman In the laws of Manu, the husband had to choose his first wife from the same social class; he could marry a woman of lower classes as his second wife
Ancient Iran: Polygamy was legal
Roman Law: It was possible to have a concubine, without a legal wedding
The Bible: It is stated in the Old Testament that Hazrat Dawood married several women There are some other places that mention polygamy in the Old Testament There existed polygamy in Judaism
In the New Testament, there is not an item prohibiting polygamy However there are recommendations that it is better to be content with one wife
In Christianity, polygamy was normal until the 16th century
Arabia before Islam: There were no limitations regarding polygamy Men could marry as many women as they wanted; sometimes they even exchanged their wives
POLYGAMY IN ISLAM
Allah states the following:
"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 that which your right hands possess That will be more suitable, to prevent you from doing injustice " (Chapter an-Nisa / 3)
It is seen clearly in the verse that marrying more than one woman 2, 3 and finally 4 is not an order that has to be carried out like fardh or wajib (compulsory) but permission However, this permission depends on dealing justly among the wives It is stated that being content with one wife is the closest and rightest way to justice; it is ordered that a person who fears that he won’t be able to deal justly has to be content with one wife
PRINCIPLES OF ISLAM REGARDING POLYGAMY
1) Limitation of the number: Islam put a limitation to the limitless marriages of men during the period of Jahiliyyah (Ignorance) After Allah sent down that verse, acting on the order of the Messenger of Allah, those who had more than 4 wives divorced the extra ones
2) Dealing justly among wives: It will be in eating, drinking, clothing, housing, intercourse and love However, it is very difficult, almost impossible to deal justly in terms of love Various physical and psychological characteristics will cause differences in the level of love No matter how hard he tries to deal justly, it is almost impossible for a man to achieve it
Allah states the following:
"Ye are never able to do justice between wives even if it is your ardent desire: but turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air) If ye come to a friendly understanding and practice self-restraint, Allah is Oft-Forgiving Most Merciful " (Chapter an-Nisa/ 129)
In this verse, Allah exempts men from dealing absolutely justly in terms of love and liking However, he prohibits men from inclining totally to one and ignoring the other(s), and He orders men to do their best to deal justly The following is stated in a hadith:
"A man who has two wives and who is completely inclined to one and who ignores the other emerges with one side of his body paralyzed in the Day of Judgment " (Hadith; Ibn Majah, Nikah, 47; Mishqatl’l-masabih, 2/196)
A woman does not consent to share his husband with another woman under normal circumstances, and no woman would like to marry a married man unless she has to
It is a necessity of belief that polygamy is right However, to believe it does not necessarily mean for a woman to consent to the second wife and approve it
No believer father would like his son-in-law to marry a second, third or fourth woman along with his daughter The jealousy nature of the woman and the affection of the father prevent it As a matter of fact,
The daughter of our Prophet, Hazrat Fatima, objected to his husband’s, Hazrat Ali’s, marrying to a second woman If it weren’t permissible to object Hazrat Fatima, who was brought up by our Prophet, would not have objected The Messenger of Allah would have warned her and ordered her to consent to her husband’s wish However, it did not take place like that On the contrary, the Messenger of Allah, who saw that his daughter was sorry, asked Hazrat Ali to give up his wish and told him that if he did not give up, he could marry another woman after divorcing Hazrat Fatima He did not consent to Hazrat Ali’s second marriage and to depress his daughter
By considering that act of the Messenger of Allah, it can be stated that Muslim daughters and fathers may object to the second marriage of the husband or son-in-law
To sum up: Islam neither orders nor prohibits polygamy It only permits it when it is necessary There is no need to say much after narrating the happening above
References:
1) While preparing this article we mostly referred to the book "İslamda Kadın Hakları" by Mehmet Dikmen
2) Elmalı Interpretation (Tafseer)
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