Introduction
Marriage is defined in Islamic law as an institution of legal union between a man and a woman, which permits sexual relations between them. Marrying more than one wife at a time is recognized in Islam and has always existed among different peoples in various parts of the world. While viewed as controversial in the Western world, polygamy is a custom that’s been practiced by humans throughout history and is still practiced in many places.
Islam did not invent the system of polygamy. It existed long before Islam came onto the scene of world events. The Bible says that Lamech, the grandson of Adam, “took unto him two wives: the name of the one was Adah, and the name of the other Zillah.” Thus, polygamy has existed from the earliest days of human history.
Generally speaking, there are two types of marriages in Islam: Monogamy (one man married to one woman) and limited polygyny (a kind of polygamy where one man is married to two, three, or at most, four wives).
Before the advent of Islam, the Arabs used to marry a large number of women and considered them as chattel. Islam came to regulate and make provisions for its limits and the conditions that warrant marrying more than one wife at a time. In this article, I wish to discuss what polygamy is, its permissibility in Islam, and the conditions and limitations to it in Islam.
What is Polygamy?
Polygamy comes from the Late Greek word “polygamos,” meaning “often married.” Literally, it means marriage with more than one spouse or the practice of marrying multiple spouses. Thus, polygamy is a generic term that captures any form of non-monogamous marriage, even though in the popular press it is commonly used to indicate the marriage of a man to multiple wives instead.
Its Permissibility in Islam
The position of Islam on polygamy is clear, as it provides that a man is legally permitted to have up to four wives. Arabians were polygamous even before the advent of Islam, as were other people in most parts of the world during that time. Islam permits marrying more than one wife (polygamy) as seen in the Qur’an and Ahadith.
In the Qur’an, Sura 4 (An-Nisa), Ayah 3, Allah the Most High said: “If you fear that you shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess. That will be more suitable, to prevent you from doing injustice.”
The classical or traditional jurists interpreted this verse as allowing a man to marry up to four wives, and it stands as an authority for polygamy in Islam.
The Prophet (SAW) is reported to have said: “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 on the Day of Judgment.” (Hadith; Ibn Majah, Nikah, 47; Mishkat al-Masabih, 2/196).
From the above Quranic verse and Ahadith, it is crystal clear that in Islam, monogamy is essential and polygamy is exceptional. It can be sought only when it is necessary or compulsory. Islam neither made polygamy obligatory for anyone nor encouraged it. However, it is regarded as permissible when there are some general or special reasons.
General and Special Reasons or Situations That Allow Polygamy in Islam
Islam permits polygamy when necessary, and the following situations will allow polygamy as the best solution:
- When the wife is suffering from a serious disease like epilepsy or a contagious disease, it may be better if there is another wife to look after the husband’s and children’s needs. Her presence will also help the sickly wife.
- When the wife is proven barren and, after a medical examination, experts have given their opinion that she is not capable of bearing a child, the husband should then marry a second wife so that he may have children, as a child is a joy of life.
- When she is of unsound mind, the husband and children will suffer greatly. The husband is advised to marry another wife.
- When the woman has reached old age and has become weak and infirm, she cannot look after the house and property of the husband.
- When the husband finds out that she has a bad character and cannot be reformed, he should then have another wife.
- When she has moved away from the husband’s house and has become disobedient, and the husband finds it difficult to reform her, he should then take another wife.
- During the period of war when men are killed, and women are left behind in very large numbers, polygamy can provide the best solution.
- Apart from the above circumstances, if the man feels that he cannot do without a second wife to satisfy his natural desire and he has enough means to support her, he should take another wife. There are certain areas in the world where people are physically virile and cannot be satisfied with one wife; in such cases, polygamy can provide an answer.
From the foregoing, it can be deduced that the permissibility of polygamy is due to obligations, necessities, illness, or any other valid cause.
Fundamental Conditions for Polygamy in Islam
Muslim jurists set forth some conditions for marrying more than one woman. These are as follows:
- To be able to deal justly among the wives: This is limited by human capability; it includes being just in food, clothes, housing, interest, and treatment. However, the Quran denotes that it is very difficult: “…if you fear that you shall not be able to deal justly (with them), then only one (wife), or that which your right hands possess.” (an-Nisa, 4/3). So, if there is fear that one cannot deal justly or one can oppress, then the principle of being content with one woman becomes valid. However, justice does not include issues like liking, inclinations of the heart, and love, because these cannot be controlled. Islam does not place a burden on man greater than he can bear. However, it is forbidden to incline to one of the wives extremely and deprive the others of love. The Prophet (SAW) is reported to have said: “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 on the Day of Judgment.” (Hadith; Ibn Majah, Nikah, 47; Mishkat al-Masabih, 2/196).
- Financial Capacity: He should have enough financial capacity to look after the needs of the additional wives he has undertaken. This includes provisions for maintenance, shelter, clothing, and sexual satisfaction. It is pertinent to note that if a man feels that he will not be able to treat them with equality and justice or he does not have the means to support them, then he should restrict himself to marrying only one wife.
Limitation of Polygamy in Islam
In the Qur’an, Sura 4 (An-Nisa), Ayah 3, Allah the Most High said: “If you fear that you shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess. That will be more suitable, to prevent you from doing injustice.”
From the above verse, it is clear that it is only limited polygamy that is allowed in Islam, not as it was practiced in the jahiliyah period of the Arabs and non-Arabs, where men married a large number of women and considered them as chattels. In Islam, if necessary, a Muslim can marry up to four wives and not more at a given time.
Similarly, Abu Daud mentions from Harith bin Qays: “I accepted Islam, and I had eight wives. I mentioned it to the Prophet, and he advised: ‘Select four out of them.’” It was also reported that the Prophet (SAW) asked Ghaylan bin Salamah to keep four out of his ten wives and make the others free when he accepted Islam.
Conclusion
In conclusion, from the foregoing, it should be known that Islam did not initiate the system of polygamy; it existed from the early dawn of human history. When Islam came onto the world scene in the seventh century of the Common Era, it inherited the existing marriage system. It is to the credit of Islam that it modified and reformed the system in existence at the time.
Firstly, it is clear that Islam put a limit to the number of wives that a person can have at one time—a maximum of four wives.
Secondly, Islam put stringent conditions on a person who wanted to marry a second wife. He must be able to provide and maintain the family and also deal with both on the basis of justice and fairness. Considering the psychology of humans, only exceptional people have that quality of justice and fairness.
Thirdly, Muslim jurists state situations that may warrant a man to think of taking up more than one wife at a time.
Islam is a religion in tune with human nature and has rules and guidelines for the burning social issues of our time.
References
- Al-Bukhãri, Sahīh, vol. 5 (Arabic with English) p. 104.
- Ibn Kathīr in al-Bidãyah wa an-Nihãyah, vol. 2 (Beirut: Dar Ihyã’ Turathi ’l-‘Arabi, 1408) p. 360
- Abdulrahman Doi, Shariah the Islamic Law, (Iksan Islamic Publishers)
- Sayyid Muhammad Razvi, The concept of polygamy and the prophets marriage (Al Islam.Org)
- Rashid Khalid, Muslim Law, Lucknow 1979
- Ibn Majah, Nikah, 47; Mishkat al-Masabih, 2/196
- Mansur Isa Yelwa & Usman Muhammad Shu’aib, Ayat wa Ahadith Al Ahkam (Bayero University Press
– Abdulrasheed Mubarak, commonly known as Mubarak Focus, is a final year law student at Bayero University, Kano and can be reached via mubarakfocus99@gmail.com or +2348100919322.
