Polygamy in Islamic Law: Difference between revisions

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==Muhammad and Polygamy==
==Muhammad and Polygamy==


[[Muhammad]] was a polygamist. Besides the numerous concubines, he married fifteen women and consummated his marriages with thirteen.<ref>al-Tabari vol.9 p.126-127</ref> He was also known as a "womanizer".<ref>"....''Layla’s people said, "’What a bad thing you have done! You are a self-respecting woman, but the Prophet is a womanizer. Seek an annulment from him.’ She went back to the Prophet and asked him to revoke the marriage and he complied with [her request]''...." - al Tabari vol.9 p.139</ref>
According to traditional sources, [[Muhammad]] practiced polygamy. Besides his numerous concubines, he married fifteen women and consummated his marriages with thirteen.<ref>al-Tabari vol.9 p.126-127</ref> According to Tabari, he was accused of being a "womanizer."<ref>"....''Layla’s people said, "’What a bad thing you have done! You are a self-respecting woman, but the Prophet is a womanizer. Seek an annulment from him.’ She went back to the Prophet and asked him to revoke the marriage and he complied with [her request]''...." - al Tabari vol.9 p.139</ref> He was also attributed the sexual prowess of many men:
{{Quote|{{Bukhari|1|5|268|}}|Narrated Qatada: Anas bin Malik said, "The Prophet used to visit all his wives in a round, during the day and night '''and they were eleven in number.'''" I asked Anas, "Had the Prophet the strength for it?" Anas replied, "We used to say that the Prophet was given the strength of thirty (men)." And Sa'id said on the authority of Qatada that Anas had told him about nine wives only (not eleven).}}
{{Quote|{{Bukhari|||268|darussalam}}|Narrated Qatada: Anas bin Malik said, "The Prophet used to visit all his wives in a round, during the day and night '''and they were eleven in number.'''" I asked Anas, "Had the Prophet the strength for it?" Anas replied, "We used to say that the Prophet was given the strength of thirty (men)." And Sa'id said on the authority of Qatada that Anas had told him about nine wives only (not eleven).}}


==Islamic Defense of Muhammad's Marriages==
==Reasons for Muhammad's Marriages==


Apologists will attempt to justify his behaviour by claiming he married many of his wives due to them being war widows who were left with nothing and needed to be taken care of. While this may sound plausible, you need only look to actual Islamic sources to discover that this is false.  
Islamic scholarship justifies polygamy as a means of caring for widows and poor women, although many of Muhammad's wives were neither. In fact, one of his wives (his cousin, Zainab bint Jash) was originally the wife of his step-son Zaid bin Haritha. As was the case with [[Safiyah|Safiyah bint Huyayy]], the traditional sources indicate that many of his marriages were the results of Muhammad's desire, not compassion for widows or poor women. This is evident in his six divorces. For example, he divorced ‘Amrah bint Yazid on their wedding night,<ref>{{Tabari|9|p. 139}}; {{Tabari|39|pp. 187-188}}.</ref> due to her suffering from [[leprosy]].<ref>Ibn Ishaq, cited in Guillaume, A. (1960). ''New Light on the Life of Muhammad'', p. 55. Manchester: Manchester University Press</ref><ref>Ibn Hisham note 918 (here he has apparently confused her with Asma bint Al-Numan).</ref><ref>Bewley/Saad 8:100-101.</ref><ref> Women in Islam, By Anne Sofie Roald - Page 221 [Quoted: Najla Hamadeh, Page 335-6]</ref> He also divorced a women named Ghaziyyah bint Jabir when he realized that she was "old."<ref>al-Tabari vol.9 p.139</ref> 


Many of his wives were not poor war widows. In fact, one of his wives (Muhammad's cousin, Zainab bint Jash) was originally the wife of his step-son Zaid bin Haritha. As was the case with [[Safiyah|Safiyah bint Huyayy]], many of his marriages were clearly based on lust, not compassion. This is nowhere more evident than in his numerous divorces, which numbered six in total.<ref>[[Qur'an,_Hadith_and_Scholars:Wives_and_Concubines_of_Muhammad#Asma.E2.80.99_bint_Noman_.28Divorced.29|Click here]] for details on Muhammad's divorces</ref> For example; he divorced ‘Amrah bint Yazid on their wedding night,<ref> al-Tabari vol.39 p.188</ref> due to her suffering from leprosy.<ref> Women in Islam, By Anne Sofie Roald - Page 221 [Quoted: Najla Hamadeh, Page 335-6]</ref> He also divorced a women named Ghaziyyah bint Jabir when he realised that she was 'old'.<ref>al-Tabari vol.9 p.139</ref> To make matters worse, he, rather hypocritically, refused to allow Ali bin Abu Talib (the husband of his daughter Fatima) to take even a second wife because "what hurts her, hurts me."<ref>{{Bukhari|7|62|157}}</ref> He knew that polygamy hurt women, yet through his example he permitted it for billions of other Muslim men.  
Muhammad nevertheless refused to allow Ali bin Abu Talib (the husband of his daughter Fatima) to take a second wife because "what hurts her, hurts me."<ref>{{Bukhari|||5230|darussalam}}</ref><ref>''"An indication of their special relationship is found in the fact that Ali never married another woman as long as Fatima was alive. Sunni sources explain this curiosity in a tradition in which Ali asks for Abu Jahl's daughter in marriage, but the Prophet does not allow him to marry her because it would upset Fatimah."'' - "The Image of Fatima in Classical Muslim Thought," Denise L. Soufi, PhD dissertation, Princeton, 1997, p. 51-52</ref> This seems to indicate that at least in the case of his own daughter, he thought polygyny was hurtful to women.
 
(''For a detailed list of women in Muhammad's life, [[List of Wives and Concubines of Muhammad|click here]]'')


==Polygamy Permitted in Islam==
==Polygamy Permitted in Islam==


Regardless of it not being acceptable for the husband of Muhammad's daughter, Islam allows a man to marry up to four wives at any one time:  
Islamic law traditionally allows a man to marry up to four wives at any one time:  


{{Quote|{{Quran|4|3}}|And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, that you may not deviate from the right course.}}
{{Quote|{{Quran|4|3}}|And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, that you may not deviate from the right course.}}


(''For a detailed explanation of what "justice" means in this verse, [[Dealing Justly with Wives and Orphans|click here]]'')
Islam also does not traditionally require that the man have the permission of his first wife before marrying a second:
 
Islam also does not require that the man have the permission of his first wife before marrying a second:


{{Quote|1=[http://www.fatwaislam.com/fis/index.cfm?scn=fd&ID=1052 The Acceptance of the first Wife is not a Condition for the one who wishes to marry another]<br>FatwaIslam, Permanent Committee for Research and Verdicts: Fatawa Islamiyah Darussalam Vol: 5 No. 353|2=It is not obligatory for the husband, when he wishes to marry another, to get his first wife's acceptance, but it is a noble trait of character and good relations for him to appease her by whatever decreases the pain which woman naturally feel in such situations. This may be achieved by smiling,greeting her warmly and speaking kindly to her, and by whatever money you can afford,if her acceptance requires it<br>}}
{{Quote|1=[http://www.fatwaislam.com/fis/index.cfm?scn=fd&ID=1052 The Acceptance of the first Wife is not a Condition for the one who wishes to marry another]<br>FatwaIslam, Permanent Committee for Research and Verdicts: Fatawa Islamiyah Darussalam Vol: 5 No. 353|2=It is not obligatory for the husband, when he wishes to marry another, to get his first wife's acceptance, but it is a noble trait of character and good relations for him to appease her by whatever decreases the pain which woman naturally feel in such situations. This may be achieved by smiling,greeting her warmly and speaking kindly to her, and by whatever money you can afford,if her acceptance requires it<br>}}


==Islamic Defense of Polygamy==
==The Consequences of Polygamy==


Muslims claim that the reason why Allah allowed men to marry four wives is that men are killed in battle, thus resulting in women being in more numbers more than men. They also claim that the practice of polygamy curbs adultery, thus leading to more happier marriages and less divorces. Here are some points that deal with Islam's defense of polygamy.
===Female Genital Mutilation and & other Chastity Assurance practices===
Compared with monogamous arrangements, polygamous men must meet the needs of many more wives. Possibly in order to assure themselves of the chastity and fidelity of their many wives, polygamous men have developed a variety of chastity assurance practices, particularly in Islamic socieities:


===World Population shows a surplus of men===
*'''harems''', which keep wives locked away, guarded by eunuchs;
*'''footbinding''' (as once practiced by the Chinese), which keeps wives from being unfaithful by reducing their mobility and independence;
*'''chaperoning and gender segregation''', which hamper and eliminate interactions between the sexes;
*'''arranged marriages''', which obviate the dangers that romance and courting poses to a girl's chastity and reputation;
*'''veiling''', which makes girls less interesting and identifiable to males;
*'''<nowiki/>"honor" culture''', which exacts disproportionate punishments for (perceived or actual) 'un-chastity';
*'''female genital mutilation (FGM),''' which reduces a girl's capacity for sexual pleasure both physically (through the removal of the clitoris and labia) and mentally (through the effects of trauma). If a girl has been infibulated, her chastity is further guaranteed, because her vaginal opening is sealed with a covering of skin, the penetration of which is extremely painful and which leads to severe hemorrhaging that is difficult to conceal.


Here's a breakdown of the world population according to CIA Statistics
===Bride-Price (mahr)===
[[File:Polygamydowry2.jpg|alt=Maps comparing the global distributions of polygamy and of dowry systems|thumb|450x450px|Maps comparing the global distributions of polygamy and of dowry systems]]
A bride-price ([[Mahr (Marital Price)|mahr]]) is a payment made by the bride-groom (or his family) to the bride (or her family). Since polygamy creates a scarcity of marriageable women, marriages in polygamous kinship systems often require that some form of bride-price be paid. This can make marriage unaffordable to low-ranking young men, even if they manage to find a bride. The heroes of folk tales in polygamous societies (such as ''One Thousand and One Nights'') are often poor young men (such as Aladdin) struggling to find the wealth necessary to pay the bride-price of the girl he loves. The story is resolved when he becomes rich and powerful enough to marry her.


:World Population age group 15-64 years: 65.2% (male 2,152,066,888/female 2,100,334,722)<ref>[https://www.cia.gov/cia/publications/factbook/geos/xx.html#People Global Population Statistics] - CIA.gov</ref>
Nobel prize-winning economist Gary Becker argues in his book ''A Treatise on the Family''<ref>[https://www.hup.harvard.edu/catalog.php?isbn=9780674906990 A Treatise on the Family] Gary S. Becker, Harvard University Press</ref> that families of young women become the biggest supporters of polygamy because they possess an inherently scarce resource. Love matches and courtship are frowned upon because they risk reducing the bride-price (the couple may be tempted to elope, or the bride request a merely symbolic bride-price). Thus, in order to preserve their market value, the chastity and reputation of unmarried women must protected by such measures as FGM, ''purdah'', child marriage, and arranged marriage.
This means there are 51,732,100 extra males in the world at marriageable age. Even the worst war in history did not kill off enough males to make polygamy justified. In WW2, 24 million "military" died, leaving still another 26 million spare men.<ref>[http://en.wikipedia.org/wiki/WW2_casualties WW2 Casualties] - Wikipedia.org</ref>


:GENERAL POPULATION: women and men casualties: 1,986,370,000 (probably mostly women)
===Child Marriage===
:Military casualties: 24,456,700
[[File:Polygamychildmarriage.jpg|alt=Maps comparing the global distributions of polygamy and of child marriage|thumb|450x450px|Maps comparing the global distribution of polygamy and of child marriage]]
Child marriage is common in polygynous societies. One way of alleviating the 'bride famine' that polygyny creates among men in the lower strata of society is to allow prepubescent girls to be married. Dowry further incentivizes parents to sell off their daughters before adolescence, when there is a greater risk of her reputation being spoiled. If the bride is still a child, the dowry usually goes to her father, not to the bride. The bride-price for a child is also generally less than for an adolescent or adult woman. This makes children a more affordable option for poor and low status men. 


===Allah creates more males than females===
===The polygamous family===


The ratio of births is 105 males to 100 females. So, if Allah intends the polygamous marriages for war, then why is Allah putting so many extra males in the world that even the worst war in history didn't unbalance the other way?
According to Somayya Jabarti of Arab News, Saudi Arabia has the second-highest divorce-rate in the world. Abdullah Al-Fawzan, a professor and sociologist at King Saud University in Riyadh, states that polygamy is responsible for up to 55 percent of divorces. He added that the loss of trust, sincerity, compassion and cooperation were also factors in the failure of marriages.<ref>Somayya Jabarti - [{{Reference archive|1=http://www.arabnews.com/node/239330|2=2013-01-01}} Alarming Divorce Rate ‘Must Be Addressed Urgently’] - Arab News, October 24, 2003</ref> The Maldives, an Islamic country with a 100% Muslim population,<ref>The Maldives is the only country after Saudi Arabia that claims to have a 100 percent Muslim population. As per its constitution, only a Muslim can be a citizen of the country. Propagating any faith other than Islam, importing/publicly carrying literature that contradicts Islam or translation into the Dhivehi language of such books and writings, displaying in public any symbols or slogans belonging to any religion other than Islam, or creating interest in such articles are all against the law and are punishable with imprisonment, fines or banishment.</ref> also has the highest divorce rate in the world, with 10.97 divorces per 1,000 inhabitants per year.<ref>[{{Reference archive|1=http://www.guinnessworldrecords.com/records-11000/highest-divorce-rate/|2=2013-01-05}} Highest divorce rate] - Guinness World Records, accessed January 5, 2013</ref> Polygamy is legal in both countries, though in the Maldives, it is today relatively uncommon and subject to legal restrictions.


===Men are better off married ===
==Islamic Defense of Polygamy==
 
Muslim scholars often claim that the reason why Allah allowed men to marry four wives is that men are killed in battle, resulting in women outnumbering men. They also claim that the practice of polygyny curbs adultery, leading to happier marriages and fewer divorces. Nevertheless, world population and birth statistics today indicate a global male surplus.<ref>[https://www.cia.gov/cia/publications/factbook/geos/xx.html#People Global Population Statistics] - CIA.gov</ref>
Using the same Islamic reasoning, it should be that some women marry an extra man. Science has even proven that single men suffer more health and emotional problems than do single women. Men find it hard to live without a woman. (reference coming soon)
 
===Men die younger and leave more females in old age===
 
Men also die younger, and if polygamy was an institution that really did have women's best interests in mind, then when a man with 4 wives dies, he leaves 4 elderly single women. This means now there are even more females than before, i.e. because males have died off; 65 years and over: 7.4% (male 213,160,216/female 270,146,721) but how many men would take on a 70 year old as an extra wife or two?
 
===Male domination is bad all round===
 
The latest UNICEF study titled ''The State of the World's Children - 2007'' is a research study of women's oppression and overall quality of life of the family. It can be seen from this report that Islamic countries are faring the worst.<ref>[http://news.bbc.co.uk/2/shared/bsp/hi/pdfs/11_12_06SOWC2007.pdf The State of the World's Children - 2007]- PDF Report from UNICEF, hosted on BBC.com</ref>
 
===Polygamy often leads to divorce===
 
Saudi Arabia has the second-highest divorce-rate in the world, and according to Abdullah Al-Fawzan, a professor and sociologist at King Saud University in Riyadh, Polygamy is responsible for up to 55 percent of divorces. He added that the loss of trust, sincerity, compassion and cooperation were also factors in the failure of marriages.<ref>Somayya Jabarti - [http://www.artarabia.com/artman/publish/article_149.shtml#top Alarming Divorce Rate ‘Must Be Addressed Urgently’] - Saudi Affairs, </ref>
 
==Another Muslim Perpective Scrutinized==
 
[http://www.islamtoday.com/show_detail_section.cfm?q_id=376&main_cat_id=17  In Islam, why can a man can get married to two, three or four women, while a woman cannot get married to more than one man?]
 
{{Quote|2=First: Polygamy was not innovated by Islam. It was known in Judaism and other religions. Many of the Prophets (peace be upon them) were polygamous, such as Abraham and Sulayman, as mentioned in the Torah.}}
Argumentum Ad hominem "tu quoque" logical fallacy
 
 
{{Quote|2=Second: With respect to polygamy, women cannot be compared with men, since comparison implies similarity with regard to the matter in question, which is not the case here. There are major differences between men and women:
 
· Women have menstrual cycles for quite a long period of their lives, while men do not.}}
Yes, 12 weeks out of the year is such a looooooong time.  Especially when those weeks are spread out over the entire course of a year.  How can men handle the wait? Also, it is a known biological fact that women who live together will have synchronous menstrual cycles - meaning that the man will still have that week every month where he can't have sex, because all of his wives will be menstruating.
 
 
{{Quote|2=· Fertility for men usually lasts longer than it does for women. Normally, women stop being fertile before 50, while most men continue to be fertile for a while longer.}}
And that means old men should continue having children although they might die the next day of old age and be unable to support their families any longer?
 
 
{{Quote|2=· Women go through pregnancy, delivery, and post-natal bleeding while men do not.}}
And for all the woman's hard work and suffering, her husband should be allowed to sleep with other women because he can't handle the post-natal six-week wait.
 
 
{{Quote|2=· Men can sire children several times in one year with multiple partners while women cannot do so. No matter how many partners she has, she can only carry the child of one at a time.}}
So, populating the earth with as many children as possible is more important than the happiness of the wife and the health of the marriage.
 
 
{{Quote|2=Women have more affection than men and in most cases cannot behave unemotionally. The strong and concentrated affection women have does not allow them to cope in a relationship with many men and at the same time. Her nature prevents her from satisfying two men at one time.}}
This statement is illogical and also scientifically inaccurate.
 
 
{{Quote|2=If two men should approach one woman, it would cause cause confusion in genealogical relations.}}
Not anymore thanks to DNA testing!  Paternal testing in the United States costs a few hundred dollars. This is also only relevant if you are obsessed with paternity.
 
 
{{Quote|2=Men are the ones commanded in Islam to protect and maintain women. They are obligated to spend on the family while women are not.}}
In other words, since the Quran commands that women be dependent on men, then men should be allowed to have multiple sex partners because they are obligated to maintain women.
 
 
{{Quote|2=For one woman to have more than one husband, there are many disadvantages. It is practically impossible for it to work.}}
Two paychecks is a disadvantage?  Two men to mow the lawn is a disadvantage? 
 
 
{{Quote|2=But more than one woman for one man is lawful in Islam for the following reasons:
 
1. Polygamy preserves the stability of families, for example if the first wife is barren or afflicted by some illness, polygamy will offer her a chance that can save her from divorce or living alone.}}
Since adoption is clearly not an option, and a woman's breeding abilities are more important than anything else.
 
 
{{Quote|2=2. The nature of a man makes polygamy something of dire necessity, for their sexual desires can often not be fulfilled by one woman who goes through menses, pregnancy, post-natal bleeding, and sickness, all of which are barriers to sex, or due to the frequent need of men to travel. Polygamy is far better than adultery which is widespread in the West. Polygamy is also better than divorce.}}
Allah is responsible for the nature of man...and he made men incapable of monogamy?  This argument clearly insults men.
 
 
{{Quote|2=3. Polygamy benefits women. The second wife accepts it for her benefit to save her from staying alone; taking into account that she was not forced into it.}}
Well guess what?  A Muslim man does not need the agreement of his first wife to take a second wife.
 
 
{{Quote|2=4. It is the best solution to save women from being lonely. Women live longer than men, they are more numerous than men, and in many cases men are facing danger and death more than women.}}
This statement is so completely illogical and ridiculous that we're simply going to move on to the next one...
 
 
{{Quote|2=5. Islam has set conditions and controls that secure the woman’s rights. A man cannot have more than four wives. He has to treat all of his wives justly in living expenses, the time he spends with them, and in all matters under his power. Anyone incapable of being just will not be allowed to engage in polygamy. Allah says: “But if ye fear that ye shall not be able to deal justly (with them) then only one.”}}
They forgot this quote: [Quran 4:129] ''Ye will not be able to deal equally between (your) wives, however much ye wish (to do so). But turn not altogether away (from one), leaving her as in suspense. If ye do good and keep from evil, lo! Allah is ever Forgiving, Merciful.''  Allah said that men will not be able to deal equally with multiple wives...but he still didn't ban polygamy.
 
 
{{Quote|2=We as Muslims believe that what Allah has made lawful is full of wisdom and justice and has been prescribed for the benefit of all mankind, whether we know the reasons for it or not. We should keep in mind that Allah did not even make it obligatory for us to marry in the first place. He encourages people to get married and allows polygamy for people who are capable of being just.}}
In other words, if you can't understand it...shut your brain off.  This Muslim's argument is more offensive to men than it is to women.
 
{{Core Women}}
==See Also==
 
* [[Polygamy]] ''- A hub page that leads to other articles related to Polygamy''


==External Links==
==External Links==
Line 134: Line 56:
*[{{Reference archive|1=http://www.geohive.com/earth/pop_gender.aspx|2=2011-10-30}} Total Population by Gender and Gender ratio, by Country] ''- UN Statistics Division population 2009 (est.)''
*[{{Reference archive|1=http://www.geohive.com/earth/pop_gender.aspx|2=2011-10-30}} Total Population by Gender and Gender ratio, by Country] ''- UN Statistics Division population 2009 (est.)''
*[{{Reference archive|1=http://www.sciencedaily.com/releases/2012/01/120124093142.htm|2=2012-03-12}} Monogamy Reduces Major Social Problems of Polygamist Cultures] ''- University of British Columbia, ScienceDaily, January 24, 2012''
*[{{Reference archive|1=http://www.sciencedaily.com/releases/2012/01/120124093142.htm|2=2012-03-12}} Monogamy Reduces Major Social Problems of Polygamist Cultures] ''- University of British Columbia, ScienceDaily, January 24, 2012''
*[http://webarchiv.ethz.ch/soms/teaching/OppFall09/MackieFootbinding.pdf Ending Footbinding and Infibulation: A Convention Account]  Gerry Mackie, American Sociological Review
*[https://henrich.fas.harvard.edu/files/henrich/files/henrich_boyd_richerson_2012.pdf The puzzle of monogamous marriage] Joseph Henrich et al, Philosophical Transactions of the Royal Society


==References==
==References==
{{reflist}}
{{Reflist|30em}}


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[[Category:Women]]
[[Category:Islamic Law]]
[[Category:Shariah (Islamic Law)]]
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[[Category:Marriage]]
[[Category:Sex]]
[[Category:Criticism of Islam]]
[[Category:Society and human nature]]
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