Islamic Articles October, 9th 2015 Comments 8386 Views

Justice and Equality

As Allah (subhanahu wa ta’ala) permitted polygamy, He stipulated and pre-conditioned justice and fairness in treatment, avoiding injustice and wrong practices against all wives. Allah’s Prophet (peace and blessings of Allah be upon him) said: “He who has two wives and does not demonstrate justice, fairness and equality amongst them will come on the Day of Resurrection with one of his sides paralyzed.”[78]

Justice and fairness, in this context, applies in terms of material things such as expenditure, fair division of wealth, gifts, time, etc. As for emotional matters, such as love and inclination towards one wife over the other, it is recognized that man has no authority or control over his heart and emotions. Feelings and emotions are involuntary; therefore one is not to be blamed for them. ‘Aishah (may Allah be pleased with her), the mother of believers and the wife of Allah’s Prophet (peace and blessings of Allah be upon him) was reported as saying: “Allah’s Prophet (peace and blessings of Allah be upon him) distributed everything justly amongst his wives; yet after all, he used to say: O Allah! This is the fair way of dividing what I possess amongst my wives. O Allah! Blame me not for what You alone possess while I do not. ,i.e., the heart, feelings and emotions of a man.”[79]

Ability to Afford Another Household

If a man knows for sure that he is financially incapable of affording another wife and another household, he is not entitled to seek another marriage. A husband is not allowed to exceed four wives, as stated earlier in the Hadith of Allah’s Prophet (peace and blessings of Allah be upon him).

We would like to point out here some of the factors and elements that often urges man to think or seek another marriage. We need to examine whether polygamy in itself is a good or an evil practice in the society. We also would like to know whether such a practice is good for the wife or bad, and whether it is in her interest or against:

1. If a woman is sterile, and the husband is interested in having children, what is best for the wife in such a case: to be divorced for no sin or crime (and become a burden on herself and the society if she cannot earn and there is nobody to support her financially), or to remain in the household of her husband in addition to his other wife?

2. If a wife is chronically ill and she cannot perform her marital duties, what is better in her case: to be divorced, or to become a second wife where she is perfectly honored, cared for and provided for by her husband?

3. Some men are sexually demanding. One wife may not be able to fulfill the lawful sexual desire of her husband. Or, if the menstrual period or after-birth-confinement period is especially longer than normal, or she has no lawful sexual desire to match that of the husband, what is better for both husband and wife, in such a case? Is it lawful for the man to seek unlawful sexual satisfaction somewhere else outside the marriage, or to acquire another lawful wife who keeps him chaste?

4. There is no doubt that repeated international and civil wars in various parts of the world has taken its toll on men. Thus, the number of females in most countries is more than males. The best example of that were the First World War and the Second World War, which claimed huge numbers of men who participated in the fighting. Statistics say that there were more than twenty million men killed during these wars. Therefore, if every man had only one wife, what is the destiny of the women who do not get a fair share of lawful marriage to satisfy their needs? Should such women seek to satisfy their sexual desires in unlawful ways like adultery, fornication, and lesbian activities or else? Truly, also, the abundance of women without husbands, or males to care for them, helped spread corruption and illegitimate sexual activities in the society.

5. As a consequence of war also, there are many widows, divorcees and old maids in societies. What is better for such women in this case: to remain single and suffer all the consequences of life and its demanding needs, or to accept to be a second wife with an honest, protective, honorable and chaste man?

Polygamy does exist in all modern societies. This is a general blanket statement, no doubt, but it is very true and valid one. In all other societies, other than the Muslims society, polygamy exists in the form of mistresses, sweethearts, girl friends, escort services, common law marriage, etc. These types of polygamy are widespread and have no end of forms. The only difference in that is the title, i.e. the title of the woman. In accordance to Islam, a second wife enjoys all the rights and privileges of the first wife. This is not the case in the modern society man-woman relationships, if it is not a marriage. These types of relationships do not oblige the man (who behaves completely as a husband in terms of co-habitation, marital relations, company, companionship, etc.) to do anything special for such a woman, support her financially, continue his relation with her, etc. Such a relationship has no legal backing (although some countries condone it and accept it as a common practice). This type of relationship between a man and a woman is merely a cheap pleasurable one. It has no merits of its own to stand on. It is meant for the fulfillment of the sexual interest of both parties only. It imposes no financial, social, or emotional obligations on either side at all. If the woman becomes pregnant, it is her own problem, and we all know that a child who is born out of the wedlock is labeled as “illegitimate” child, who is nothing but an added burden on the entire society. Man, generally, is not obliged to admit that the child is his, and is not obliged to take financial responsibility of the child.

As for the concept and the practice of polygamy in the Islamic society, it is restricted and limited to four wives only at all times. It must be performed legally and lawfully with a marriage contract, witnesses and the man must bear all financial burdens and responsibilities that arise from this marriage. The husband must pay a dowry for the woman to whom he marries, and must bear all expenses of the wife, her children, and the household. All children of this marriage are legitimate children who must be raised and cared for under the responsibility of both parents.