From: merchant@davidsys.com (Rukhsana Merchant)
Newsgroups: soc.culture.pakistan
Subject: Re: Multiple wives
Date: 25 Aug 92 10:59:51 PST
Organization: DAVID Systems Inc, Sunnyvale CA

In article <1992Aug23.170150.30473@davidsys.com>, merchant@davidsys.com (Rukhsana Merchant) writes:
> The reasons were not defined when the allowance was made, but I can
I don't believe I was correct in making the above statement.
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This is Dr. Jamal A. Badawi's opinion, from his published work "Pologamy
in Islamic Law, on the Legal Status of Pologamy in Islam.

	The verse which allows pologamy "was revealed after the 
	battle of Uhud in which many Muslims were killed, leaving
	widows and orphans for whom due care was incumbent upon
	the Muslim survirors." 6

	The translation of the verse is as follows:

		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 (marry) only one...
		(Qur'an 4:3)

	From this verse a number of facts are evident:

	(1) That polygamy is neither mandatory, nor encouraged,
	but merely permitted.

	(2) That the permission to practice polygamy is not associated
	with mere satisfaction of passion.  It is rather associated with 
	compassion towards widows and orphans, a matter that is confirmed
	by the atmosphere in which the verse was revealed.

	(3) That even in such a situation, the permission is far more
	restricted than the normal practice which existed among the Arabs
	and other peoples at that time when many married as many as ten
	or more wives.

	(4) That dealing justly with one's wives is an obligation.  This
	applies to housing, food, clothing, kind treatment...etc.,
	for which the husband is fully responsible.  If one is not sure
	of being able to deal justly with them, the Qur'an says:
	"then (marry) only one." (Qur'an 4:3)

	This verse when combined with another verse in the same 
	chapter, shows some discouragement of such plural marriages.
	The other verse plainly states:

		"You are never able to be fair and just as between women
	even if it is your ardent desire...."  (Qur'an 4:129)

	The requirement of justice rules out the fantasy that man can 
	"Own as many as he pleases."7  It also rules out the concept
	of "secondary wife", for all wives have exactly the same 
	status and are entitled to identical rights and claims over their
	husband.  It also implies, accoring to the Islamic Law, that should
	the husband fail to provide enough support for any of his wives,
	she can go to the court and ask for a divorce.

	(5) The verse say "Marry," not kidnap, buy, or seduce.  What
	is "marriage" as understood in Islam?  Marriage in Islam is 
	a civil contract which is not valid unless both contracting
	parties consent to it.  Thus no wife can be forced or "given"
	to a husband who is already married.

	It is thus a free choice of both parties.  As to the first wife:

	(a) She may be barren or ill and see in polygamy a better 
	solution than divorce.

	(b) She may divorce him (unilaterally) if he is married to a 
	a second wife provide that the nuptial contact gives her the
	right of unilateral divorce (Ismah).

	(c) She can go to court and ask for a divorce if there is evidence
	of mistreatment of injustice inflicted upon her.

--

6 Abd Al-Ati, Hammuda, Islam in Focus, The Canadian Islamic Center,
Edmonton, Alberta, Canada, 1963, p. 103.

7 Encyclopedia Biblica (Rev. T.K. Cheyene, and J.S. Black, Editors),
The Macmillan Co., London, 1902, vol 3, p 2946.

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-Rukhsana Merchant

Newsgroups: soc.culture.pakistan