Polygamy in Islam

In the 1870s, a new movement emerged in Muslim countries, called “Muslim Reformation.”

This was a consequence of the significant economic, political, and social changes that were occurring and continue to occur in Muslim countries. The objective conditions that had developed in these countries gave rise to a new religious ideology that seemingly shook the foundations of orthodox Islam. The emergence of reformism within it was due, in particular, to the necessity of spreading enlightenment, the goals of which could only be achieved within the framework and on the basis of Islam, since for the peoples of the East, Islam is not only a religion but also a system of values that regulates both social and private life.

In the consciousness of Arabs, European expansion was equated with the “eternal struggle” between the Christian West and the Muslim East. The political events of the 19th century, the Russo-Turkish and Italo-Turkish wars, as well as events in the Balkans, only strengthened the Arabs and, in particular, Muslim reformers in this opinion. Attempts at “spiritual colonization” could evoke nothing but the strongest protest. Thus, the French philosopher E. Renan - the author of the once-popular book “The Life of Jesus,” speaking at the Sorbonne in 1883 with a lecture “Islam and Science,” asserted that by nature, Arabs are incapable of sciences, and Islam only hinders the development of culture. Muslim reformers, however, sought to prove that Muslims are not only capable of sciences and progress but also have their own, centuries-old cultural tradition on the basis of which they will be able to create a fundamentally new social organization. “It is important to note that the weakness of the national bourgeoisie, which especially needs faith in the limitless possibilities of man during the period of formation, and the very slow penetration of modern scientific achievements into Egypt did not contribute to the spread of materialistic concepts and atheism... In general, the development of modern Arab thought is difficult to understand without understanding ... the role of Islam and traditions, which, by common consent of Arab and European researchers, were at that time not only a system of dogmas but remained as a norm of social life for Muslims.”

Based on Islam, reformers transformed European socio-political theories and legal norms, substantiated their references to the Quran with the achievements of contemporary European science, and attempted to adapt Islam to the changing economic conditions and the needs of a new class - the bourgeoisie. The starting point for Muslim reformers was the position that the spiritual essence of Muslim life is contained in religion, and that only religion can lead Muslim countries out of a state of decline and ensure their future. One of the aspects of the revival of Arabs that reformers considered was the solution to the women's issue.

Like other religions, Islam not only reflects the surrounding world in a specifically distorted and fantastic form. Arising from the human desire to find in the illusory reflection of the surrounding world solutions to pressing personal problems that have not been resolved in the sphere of social relations, religion, in this case Islam, in turn, influences the individual, regulates their behavior and worldview through its dogmas and prescriptions. One of the areas of behavior regulated by Islam is the sphere of family relations, the relationships between genders, and the moral and ethical norms that define the status, role, and functions of women in society and family.

Some provisions regulating this area of relations are contained in the text of the Quran, others in the Sunnah. The dominant role of the Quran in family and marriage issues is the idealization of the order of private property monogamous family with the allowance for polygamy. Family relations are regulated by Muslim law - Sharia. The institution of family-marital relations in Islam is the most conservative and is the least susceptible to the influence of new ideas. As is known, the unequal status of Muslim women was enshrined in the Quran and later in Sharia.

The idea of revising the provisions of the Quran and Sharia regarding women was first raised by Muslim reformers at the end of the 19th - beginning of the 20th centuries: Muhammad Abduh, Rashid Rida, Salama Musa, Abd ar-Rahman Al-Kawakibi, Tahir al-Haddad, and others.

One of the pioneers of reforming family-legal norms of Sharia was the famous Egyptian enlightener Qasim Amin, whose views later formed the basis for the ideas and concepts of modern Muslim modernists.

Soviet researchers studying the problems of the evolution of modern Islam believed that the bourgeois-reformist ideas existing since the last century to the present day, and modernist tendencies, which became more pronounced only after World War II, manifest historically as continuous, and theoretically as ideologically interconnected processes. The transition from reformation to modernization is evidenced, for example, in the field of dogmatics by justifying the “truthfulness” and “eternity” of Islam with references to modern scientific and technological achievements. In the social sphere, such a transition began with the development of the doctrine of “Islamic socialism” as a specific path of social development.

In the field of morality and law, Muslim modernism is formed as a reaction of the clergy to the process of the gradual displacement of the Sharia system from the legal life of Muslim peoples. Ideas are put forward to improve the moral concepts of Islam, to align them with the moral ideals of modern man, and to create a holistic system of moral education for the younger generation in the spirit of Islam. Representatives of not only religious figures but also other layers of society - public and political figures, writers, journalists, cultural workers, etc., speak from the positions of religious modernism.

Both modernists and their predecessors, reformers regarding the legal status of women in Islam, mainly adhere to one line. Recognizing the oppressed status of Muslim women, they all do not see the cause of this in Islam. Moreover, they believe that in this sense, Islam had a progressive significance, trying to prove that the main reason for the inferior status of Muslim women is the incorrect interpretation of the provisions of Islam by individual theologians and legal scholars and, accordingly, the incorrect application of them in life. Most modern Muslim modernists hold the opinion that the situation of Arab women was extremely difficult before the emergence of Islam. In their opinion, this is precisely why the emergence of a new religious teaching played a positive role in improving the status of Arab women.

Modernists oppose the emancipation of Muslim women, believing that the rights given by Islam are quite sufficient for her. Here is what one of the modern representatives of modernism in Islam, Sayyid al-Afghani, states on this matter: “The Quran and Hadith contain a great many provisions about women and mandates recognizing her rights. This is done to protect women from both age-old oppression and the vicissitudes of the future, as we see today in the societies of some Western countries.”

Modern modernization touches on all aspects of the legal status of women in Islam: issues of marriage and polygamy, divorce - hijab, etc. Modernists speak in the press, on the radio, publish works dedicated to the women's issue in Arab countries. Moreover, they try to find confirmation and explanation for each new social phenomenon in the Quran and Sunnah. Some of them moderately criticize their traditionalist opponents, while others are more radical.

Muslim marriage has its peculiarities. The Quran considers entering into marriage a sacred duty of a Muslim. In “Hidaya” - the main guide of Sharia jurisprudence, developed mainly on the basis of the teachings of Nu'man Abu Hanifa, the founder of one of the four main schools of thought in Islam, it is stated that the word nikah (marriage) denotes a special kind of private contract aimed at legitimizing procreation. Sharia ensures men a dominant position in the family and society. Women are dependent on men and subordinate to them. According to Sharia law, a husband has the right to punish his wife for disobedience. R. Charles rightly noted that “the Muslim institution of marriage does not aim at close proximity between spouses, but rather significantly increases the gap that separates the world of men from the world of women in Islam. Between these two clans, their individual personalities have no other relations except sexual relations and narrow domestic common interests.”

Since the 19th century, as capitalist relations began to emerge and develop in Arab countries, new civil, criminal, and other codes were adopted, which, while narrowing the scope of Muslim law, did not displace it at all. “On the contrary, they themselves are influenced by Sharia (alongside the influence of bourgeois legal concepts) and do not touch upon those spheres of relations that are most thoroughly regulated by Sharia. This primarily concerns marriage-family and inheritance relations, as well as other institutions of the so-called “personal status law,” where Sharia continues to operate not only in an indirect form but also in a direct one.”

Currently, Muslim law operates in one form or another in many countries - from Morocco to Fiji in Oceania. There are between 750 million to 1 billion Muslims in the world, making up a majority or significant portion of the population in 51 states. Some Arab (and not only Arab) countries have official names as Islamic states: the Islamic Republic of Pakistan, the Hashemite Kingdom of Jordan, etc. In many countries, constitutions declare Sharia as a source of legislation (the UAE - 1971, Syria and Pakistan - 1973, Iran - 1979, etc.).

Family and marriage law under Sharia (in particular, according to Shafi'i and Hanafi schools) provides for the observance of “equality” of men and women in terms of age, social and material status. If we compare the views of modern legislation in some Arab countries on the issue of “equality” between men and women when concluding a marriage, we will find that it corresponds to the generally accepted norms of Sharia. For example, Syrian law (No. 59 of 1953 “On Personal Status” with amendments made by law No. 34 of 1975) refers to customs when qualifying such equality and calls it the “right” of the bride and her guardian (Articles 28, 29), while Jordanian law (No. 61 of 1976 “On Personal Status”) clarifies that when determining equality, it primarily concerns the material status of the husband, allowing him to pay the mahr (bridal price) and support the family (Article 29). Moreover, this “equality” is only considered when concluding the contract, as the subsequent loss of this quality by the man does not affect the validity of the marriage (Article 20 of the Jordanian law, Article 31 of the Syrian law).


Polygamy
Debates are ongoing between traditionalists and modernists about polygamy: whether it is permitted by the Quran and how to deal with it in modern conditions. The following is written about polygamy in “Hidaya”: “A free man is allowed to marry four wives, free or slave, but no more, for the Lord has commanded in the Quran: ‘And if you fear that you will not be just, then marry one of those whom your right hands possess.’” Through various interpretations of the words from “Hidaya,” allowing a free man to marry four wives, representatives of traditional Islam and Muslim modernists attempt to justify their positions on the issue of polygamy.

Traditionalists believe that the Quran permits polygamy. Thus, one of the leading representatives of the orthodox-conservative trend in Islam, Abbas Mahmoud al-Aqqad, justifies religion in this matter, stating that Islam “did not create polygamy and did not obligate anyone to it, it simply granted permission for it on the condition of just and sufficient support for wives.”

On the other hand, modernists believe that the mentioned verse prohibits polygamy. They refer to another saying from the Quran: “And you will never be able to be just between wives, even if you wish to...” It is impossible to be absolutely just, and “Allah does not burden a soul beyond that it can bear.” From this, it is concluded that the Quran recognizes it as impossible for a person to treat all wives justly; therefore, polygamy is not permitted by the Quran.

The well-known Egyptian reformer of Islam, Qasim Amin, agreeing that these verses of the Quran contain both permission and prohibition of polygamy simultaneously, draws the following conclusion: “If someone understands these two verses about polygamy as a prohibition, I think he will not stray far from the main ideas of the verses.” Speaking about the origins of polygamy, Qasim Amin, followed by modernists, believes that polygamy is not a creation of Islam, but one of the ancient customs that existed among many peoples even before Islam. In this, they are undoubtedly correct.

One of the socio-economic reasons that led to the emergence of polygamous families in society was the emergence of private property and the resulting inequality between genders in the family and society. Free (from marital relations) women began to appear in conditions of slavery, especially due to the conquest of neighboring peoples and the transformation of their women into slaves, into property.

“It is precisely the existence of slavery alongside monogamy,” writes F. Engels, “the presence of young, beautiful slaves, who are at the complete disposal of the man, gave monogamy from the very beginning a specific character, making it monogamy only for the woman, but not for the man. This character it retains even today.” Therefore, the presence of pronounced socio-economic inequality between spouses in marital-family relations, along with the emergence of a large number of slaves, became the main reasons for the emergence of polygamous families in society, which, depending on specific historical conditions, took different forms.

Islam is not the creator of the socio-economic basis for polygamy, which existed long before its emergence, but being the ideology of the ruling classes, it sanctifies and consolidates polygamy. By granting it divine sanction, Islam legally and morally justifies the existence of polygamous marriage in society.

Modernists, idealizing the family-marital legislation of Sharia, try to find evidence of the exclusivity of Islam, its rationalism, and adaptability to modern living conditions and demographic situations. For example, one of the modern Muslim ideologists, al-Bahi al-Khuli, justifies the polygamy sanctioned by Islam with the political goals of religion aimed at increasing the number of Muslims. If the verse of the Quran “Fa-n-kihu ma taba lakum...” is interpreted by Muslim theologians as “And marry those women who please you...,” then al-Khuli, referring to the word ma (what), which has many different meanings, interprets this verse in his own way. He asserts that ma here means “as long as,” and therefore this verse should be understood as: “And marry as long as you feel capable of procreating.” As is known, the Arabic language has many words that denote various, sometimes opposite meanings. This allows Muslim ideologists to explain a particular saying from the Quran differently. In general, the use of the polysemy of Arabic words and contradictions in the text is one of the methods of interpretation of the Quran and other sources of Islam by Muslim modernists.

The aforementioned al-Khuli belongs to that group of modernists who believe that the cited verse prescribes a man to marry only one woman. Having many wives, in his opinion, is permitted only in exceptional cases: in the case of an incurable illness or infertility of the wife, her frigidity, or “if a large family needs labor.” Al-Khuli draws the following conclusion: “Thus, we see that Sharia has not discredited itself by allowing marriage to multiple wives, but the vice lies in how this law has been implemented in life. It is the possessors of base instincts who have discredited themselves, thinking that life consists only of sensual pleasures.”

In attempts to justify Islam on the issue of polygamy, all modernists stand on the same positions. The only difference lies in the arguments they present. It is interesting to trace, for example, the reasoning of Najib Jamal ad-Din and Shahada al-Huri regarding polygamy. The emergence of the verse “And if you fear that you will not be just with the orphans, then marry those women who please you - two, three, or four. And if you fear that you will not be just, then marry only one of those whom your right hands possess” - they explain by historical reasons. Islam arose on the Arabian Peninsula at a time when there was complete chaos in political and social life, and there were no strictly established laws. Such a situation, in their opinion, could not contribute to the rapid and correct perception of the ideas of Islam. Therefore, developing their thought, Jamal ad-Din and Shahada al-Huri argue that Muhammad, through wise gradualness, wanted to ease the transition of Arabs from polygamy to monogamy. The cited verse was revealed in the early period of the emergence of Islam when polygamy could not be prohibited. Later, when Islam was firmly established, the following verse was revealed: “And you will never be able to be just between wives, even if you wish to...,” which these modernists interpret as “the final requirement of the teachings of Islam, which is almost a prohibition of polygamy.” The main reason for polygamy, Jamal ad-Din and Shahada al-Huri consider the larger number of women compared to the male population.

It should be noted that even now among Islamic figures, there are traditionalists whose views in this regard are extremely conservative. This is confirmed by the article of Dr. Muhammad Zikri al-Bardisi “Islam and Polygamy” in the Egyptian magazine “Tribune of Islam.” There are still people who fiercely defend polygamy and justify it with the demands of “human” nature. “Polygamy is a law demanded by human character and to which human instinct aspires; polygamy is permitted by Sharia, necessary, without it one cannot live. We are driven to it by the demands of common interests, concern for society, and the desire to save society from debauchery,” states the author. One might conclude: does this mean that in countries where polygamy is prohibited, debauchery and moral decline reign? Of course, with this opinion, the author and clear-thinking individuals cannot agree.

Zikri al-Bardisi criticizes modernists who argue with the help of the mentioned verse that polygamy is prohibited by the Quran. Arguing the opposite, Zikri al-Bardisi reasons as follows: “It should not be understood in this way, but it should be understood that Allah meant justice as much as possible, as evidenced by the verse ‘Do not incline to injustice, lest you leave her hanging.’” Therefore, the author believes, polygamy is permitted, but under two conditions:
1) guarantee of possible justice with wives;
2) the possibility of supporting them.
As a rule, polygamy is associated with a relatively high income level, as it is equivalent to maintaining several households or even several residences.

As already noted, reformers of Islam from the last century and their modern followers oppose polygamy, allowing its existence only in exceptional cases. Al-Bardisi also criticizes this position of modernists of Islam. He states: “...I am amazed at those people who loudly shout and demand an end to polygamy allowed by Sharia. They demand to establish stricter conditions, even stricter than those established by the Quran. I think that if their demand is fulfilled, it will lead to contradictions and clashes with the laws of Sharia, as Allah has only set two conditions (mentioned above). It is not permissible to introduce a third condition, implying the illness or infertility of the first wife, as this condition is not mentioned in the Quran, and adding unmentioned conditions to the text is a distortion of the meaning of the words of the Quran.”


Among the traditionalists who oppose the prohibition of polygamy and the limitation of divorces are, for example, Ibrahim Abdo Shafiq Durriya, Egyptian Sheikh Muhammad al-Ghazali, and others. They believe that there is no need to eliminate polygamy, which arose due to existing social conditions and will also disappear due to the emergence of new social conditions.


In one of the articles in the magazine “Young Muslims,” Sheikh Muhammad al-Ghazali states that currently the main problem in Arab countries is not polygamy, but the “crisis” of marriage, i.e., the decrease in the number of marriages being concluded. Indeed, he acknowledges that this situation exists mainly among the lower strata of the population (workers, fellahin, small craftsmen, and employees), who cannot marry due to a lack of sufficient means to pay the mahr. Moreover, Muslim marriage requires very high expenses from the groom. Therefore, men from the poorest strata of Arab countries face serious difficulties in marrying and often cannot even support one wife. However, men from wealthier strata, especially in villages, have several wives. Al-Ghazali believes that “there is no need to change the law on polygamy, as the economic level of the population will not allow a man to have more than one wife, and polygamy will die out on its own.”

So what solution does the author propose to the “marriage crisis”? None. He advises young people who cannot marry to follow the verse of the Quran, which states: “And let those who do not find the means to marry restrain themselves until Allah enriches them with His bounty.”

One of those who justifies polygamy is Gamal Badawi, the author of the brochure “Polygamy in Islamic Law.” While al-Bardisi, defending polygamy, categorically states that it is necessary to satisfy the carnal desires of men, Gamal Badawi approaches this issue more cautiously. He writes that Islam “did not impose,” “did not stimulate,” but only “permitted” polygamy, taking into account all the social problems that existed and could arise in the future. In his opinion, “the allowance of limited polygamy only indicates that Islam is a realistic religion.”

What is the current social necessity for polygamy?

Firstly, in “some areas of the world,” there is a high mortality rate among children. Badawi sees the solution to this situation only in polygamy, which allegedly will increase the number of children.

Secondly, the female population predominates over the male, the reason for this in most cases being war. And “in such cases,” states Badawi, “polygamy is the most suitable solution.” Further developing his thought, he says that otherwise “women become tools for satisfying the base instincts of men, having no guarantee, no rights, no financial support” and “corruption and immoral behavior arise.”

Al-Badawi advocates for the preservation of polygamy, justifying it with the concern for the morality of single women. The moral character of the polygamous man does not interest him. According to him, “the reason why Islam categorically does not prohibit polygamy is that under certain conditions in various places and at different times, limited polygamy is better than divorce or a duplicitous appearance of morality.” One can agree with al-Badawi only in one respect: for single women, there is a danger of becoming a defenseless toy in the hands of a man. However, this danger becomes real only in those countries where the law does not protect the rights and dignity of women, where she is not given the opportunity to be economically independent of a man.

The statements of modern Muslim modernists and traditionalists testify to their conservative attitude towards the women's issue. Many of them believe that over time, the institution of polygamy will supposedly become obsolete. However, the existing reality speaks otherwise. This is well illustrated by the modern practice of reviving the norms of Muslim law in most Arab countries.

Thus, the legislation of almost all Arab countries enshrines the well-known norm of Sharia, allowing a Muslim to have up to four wives, and in some of them (for example, in Jordan) there are no restrictions on polygamy within these established limits of Muslim law.

Sometimes restrictions on polygamy are formulated very abstractly. Thus, the Family Law No. 3 of 1978 of the Yemen Arab Republic states that a man can simultaneously be married to several women (but not more than four) on the condition of “just” treatment towards them and having sufficient material means to support them. Otherwise, he is allowed to have only one wife.

A characteristic feature of family law in some Arab countries is the enshrinement of a number of restrictive conditions, without which polygamy is not permitted. One of them is the mandatory obtaining of permission for second and subsequent marriages from the court, which takes into account the objective capabilities and subjective qualities of the husband. Thus, Syrian law gives the judge the right to permit a second marriage only if the husband is able to support the wives and has a “legal” basis to demand the conclusion of a new marriage contract (such a basis may be recognized, for example, as the infertility of the wife). Iraqi Law No. 88 of 1959 “On Personal Status” (with amendments of 1963 and 1978) adds to these two conditions a third - “just” treatment of the husband towards the wives. In the People's Democratic Republic of Yemen, polygamy is strictly limited to bigamy, i.e., the possibility for a man to be married to no more than two women, which represents a fundamental departure from the traditional provisions of Muslim law.

The only Arab country that has legally prohibited polygamy is Tunisia. Article 18 of the Civil Status Code (1959) states: “Polygamy is prohibited. Anyone who, while already in a marital relationship, enters into a second marriage without first dissolving the first, shall be subject to imprisonment for a term of one year and a fine of 240,000 francs or one of these penalties, even if the new marriage is formalized in accordance with the law.” At the same time, the law did not deny the legal force of previously established polygamous marriages.

This code was adopted in Tunisia thanks to the personal efforts of Habib Bourguiba, who was then its president. Although the prohibition of polygamy was a direct violation of Sharia, Bourguiba justified this innovation by referring to the fourth surah of the Quran, arbitrarily interrupting it to achieve the corresponding meaning: “...And if you fear that you will not be just, then - marry only one...” (Quran, 4:3). In a speech on August 12, 1956, Bourguiba stated the following: “Deepening the meaning of this verse, let us note that one can think about this judgment and that polygamy was never welcomed by Islam.” This example once again shows how one can modernize and adapt the provisions of the Quran to the needs and requirements of modernity. The significance of the Civil Status Code, the main provisions of which, in addition to prohibiting polygamy, included changes in the marriage conclusion procedure, the abolition of talaq (divorce only at the initiative of the husband), inheritance of property based on kinship ties, was enormous and caused a wide response throughout the Muslim world. French researcher de Monteti places Tunisia in this area alongside Turkey during Mustafa Kemal's time and the Soviet Central Asian republics.

However, since the 1970s, in Tunisia, as well as in other Arab countries, a return to “Muslim fundamentalism” has been declared, i.e., a zealous adherence to all the prescriptions of Sharia (and Islam as a whole) in the form they were formulated during the early Middle Ages. Fundamentalists demand the complete Islamization of society and the revival of all moral and ethical norms of Sharia, even the most severe among them: amputating hands for theft, flogging, stoning for adultery, restoring the institution of polygamy, wearing veils by women, depriving them of political rights, etc. In Tunisia, representatives of the fundamentalist movement “unleashed their anger primarily against Bourguiba's Western innovations, the Frenchification of morals, and the emancipation of women.”