Jamal Badawi – Social System of Islam 35 – Polygamy In Islamic Law 5 Prohibition Or Legalization

			The name of God the benevolent the Merciful, the creator and the Sustainer of the universe, peace
and blessings upon his servant and messenger Muhammad forever I mean, I greet you with usual
greeting on the program. It's a greeting that is commonly used by Muslims. So universal greeting
used by all the profits from Abraham through to Prophet Muhammad. greetings of peace Assalamu
alaikum peace be unto you. I'm your host hombre Rashid. Today we have our 35th program in our series
dealing with the social system of Islam. We'll be having our fifth and concluding discussion on the
topic of polygamy in Islamic law. I have joining me on the program as usual. Dr. Jamal Badawi of St.
		

			Mary's University brother Jamal Assalamu alaykum Polycom, Sam, I wonder if I could ask you just to
quickly highlight the main points that we covered last week in our program on this topic of polygamy
in Islamic law. Okay. We continued last time our discussion of some of the individual contingency or
emergency situations which may make
		

			polygamy Or more accurately polygyny, a better solution for cases like that, such as Baroness,
illness and so on.
		

			We also talked about some of the guarantees and protections provided for women in particular, in the
case of polygamy, whether she is a second wife whereby she is not forced into that situation, she
has a free choice, or if at first why we indicated the variety of measures, which would protect
hires such as asthma or delegated repudiation that is, she could have the right of unilateral
divorce of her husband, should he take a second wife, if that's specified in the contract, or she
could include strict monogamy as a condition for the continuation of marriage or relationship. Or
she could go to the judge if she's hurt, and she feels that her rights and vested interest has been
		

			affected by her husband taking a second way. Or even if the judge doesn't agree, we said Finally,
she can even apply the concept of hollow which by she can make some agreement to return some of the
payments that her husband made to her and be released from the marriage relationship. And finally,
we were dealing with the question of why not polyandry? Why did not allow the having neural
aspirants for the same wife. And we discussed that both from the biological, social as well as
instinctive and psychological aspect.
		

			Well, now, we've commented thus far on some of the advantages of polygamy. What about the other side
of the coin? Are there disadvantages? Yes, for sure. Well, of course, the most obvious disadvantage
that perhaps pops into one's mind is the question of jealousy. No matter you know, what kind of
woman you're speaking about, or her degree of faith and commitment to God, no woman on the average
wishes that any other woman shares, her husband, shares his love, affection or resources. I mean,
this is a natural human inclination. There are disadvantages also for men himself. It's quite the
job to
		

			to keep two wives, not only from the problem of finances, but also very tough insofar as the Islamic
requirement is concerned, that is to keep absolute justice, whatever is humanly possible between
more than one wife, which is a very hard job.
		

			But obviously, as a result of this difficulties, particularly the question of jealousy, there would
be a constant problem for men also, it's not just like somebody sitting there enjoying having some
anyways. There's constant quarters that are likely to arise between the wives if there's more than
one
		

			maxing his life very difficult. But even if there is harmony between those wives, they could
conspire against him. And other words, they could unite and be harmonious with each other but
conspiring against them to get whatever they can or want from him.
		

			This kind of struggle and difficulty could also
		

			be passed on to the children. If the man has children from more than one wife, again, there is
difficulty vying for power, vying for the favor of the Father. These are all problems in addition to
this, while the spirit of Islamic law, which we described before, shows that polygamy should be
used, not abused, it should be only used as a last resort in certain problems. It's not a general
rule.
		

			Like any other thing, which is permissible, any other concession, there's always a chance of abuse
or misuse of this type of concessions. But the problem in the final analysis really boils down to
the comparisons or weighing the harms relative harms and benefits from resorting to this measure
whenever the benefits are greater than polygamy might be a more wholesome solution to some of these
problems. And I wonder if perhaps I could get you to just elaborate a little bit in a little bit
more detail in terms of
		

			weighing the harms versus the benefits and case of polygamy? Yes. Well, you see, in the societies,
where polygamy has been totally outlawed, we find that the problems which resulted or which may be
connected in some way or the other, to prohibition, of polygamy are relatively greater than any
problem which may result from allowing or permitting polygamy.
		

			In extenuating circumstances, as the ones that we discussed in previous programs, we find that the
people who are affected by that whether they were men or women,
		

			say is a very difficult and very limited type of choices, if polygamy is not permitted,
		

			they may suffer or may be subject to suffering for the rest of the life, the deprivation of the
wombs of marital life, and the satisfaction of the instinctive need in such a moral and wholesome
manner. The instinctive need that both men and women have in terms of getting children and having a
family
		

			this may lead some women who do not have a chance otherwise to get married,
		

			to look for jobs in order to support themselves, in some cases to support themselves and their
children in case they are widowed or divorced women who cannot find a single husband that is husband
who would be married to them alone in a monogamous relationship. Now, no matter how much a woman can
get from her job, by way of salary or status, it definitely does not compensate for this basic and
strong urge, instinct, to
		

			for motherhood, to have children and to to raise a family. But in the meantime, we find also that to
close the door for a wholesome and moral solution to solve these problems even through polygamy, if
need be, opens the door for more corruption and society, which ultimately leads to the destruction
and the disintegration of the family.
		

			Or even more cases of divorce where, you know, sometimes a problem that like we discussed before
could be resolved by having a second life if the door is closed for a second, having Second Life in
this circumstances. The only other alternative would be to divorce which is again,
		

			another problem you go through the vicious circle again the consequences of divorce insofar as they
affect the woman, the man and the children also as victims of that. So when we really look at the
problem with an objective I keeping this strong emotions aside for the time being and we try to
evaluate the various alternatives or options available, in view of the moral values, at least that
prohibits adultery and considers illicit * relations as something which is condemnable which
should not be there.
		

			More than venues which considers
		

			sexual relationship without commitment.
		

			repulsive as the passive if not even more repulsive, as it may sound to people to have a second life
is very strange, that some people would consider
		

			illicit * relations as repulsive, but pure and wholesome marital relationship, even within the
context of polygamy as repulsive This is a very strange way of evaluating things.
		

			Now, the question boils down then, to this very simple comparison. Would it be better for a person
to have a second wife in case this is a necessary step to solve
		

			certain problem contingency
		

			who is married to him in the
		

			daylight, when the known to be his wife with all the legal protection for herself, and for her
children with the full right to inherit her husband, in case of his death, or to have hypocritical
monogamy I could call that that is by getting married officially and legally to one wife. But in the
meantime, having so many mistresses or other illicit relationship, where there is no protection,
there is no more laws are observed. And there is no commitment whatsoever, leaving aside the
psychological
		

			ornamentation that the person goes through by feeling that he is committing infidelity towards his
wife, that he is hiding certain things that that with that might arise in the mind of the first wife
in case the man has other illicit relationship, the big shock for the wife when she discovers that
her husband has had a regular relationship with with other women. But even when this case, we should
remember what was mentioned in the very early portions of this program, that polygamy as viewed by
Islam is not really the general rule, but rather something to deal with exception and problems to
provide a solution which is both practical and moral. At the same time, we have seen already some
		

			difficulties, we acknowledged that there are difficulties and drawbacks in polygamy. But the
question again, is, which is the least of the two evils of human?
		

			Now? That's right, we've had a very good discussion of what is involved in playing me. I wonder if I
could ask you to
		

			explain to what extent polygamy is common in the Muslim world today. Unlike what some people feel
that, as indicated earlier, and this programs that some people tend to unfairly and incorrectly
associate polygamy with Islam, and we have seen lots of evidence against that. The same thing people
also tend to think that in Muslim countries because Islam permits polygamy, that is something that's
rampant.
		

			Many times, my non Muslim friends asked me when we talk about the Christian man, how many wives do
you have? I said, my goodness, I have only one wife, I have absolutely felt at no time any needs for
		

			considering a different thing, even though Islam permits it. I mean, it's just a kind of stereotype
like those false stereotypes and over generalizations. In fact, there have been several studies on
that. And various scholars give different figures for that, depending on the country where they made
their surveys. But none of them did I see at least in terms of contemporary situation, any figures,
which is more than a fraction of 1%.
		

			And even in this case, we find it more common even in certain social medias or circumstances like
among peasants, for example, where children are very important parts of the the family economic
situation. So, there is no evidence also that there is any increasing or alarming increments in the
number of people who are taking more than one way even in Muslim countries where this is permitted.
So there is no no major problem. as such. I'm not saying there is no problem at all, that there is
no major problem that is really
		

			alarming.
		

			What is your view of those people who suggest or call for the prohibition or the abolition of
polygamy in Muslim countries, there are some even among Muslim scholars and educated people who have
taken that position, which quite frankly, I consider to be a very superficial and apologetic type of
position. apologetics simply because they are not really acting, they are reacting to all of the
unfair accusations made against Islam and Muslims and the stereotypes that are quite common in
references about Islam by non Muslims in the West. But one should not react that way at all. In
fact, if we look at it objectively, hopefully,
		

			it is not a very useful thing really to prohibit, outright prohibit
		

			polygamy, even in Muslim countries, at least there are three basic reasons for that. One is a basic
mythological question. That is to say from a Muslim standpoint, no human authority should supersede
divine authority. And if Allah or God capital G did allow or give that concession
		

			For polygamy both to the Old Testament prophets, as we have seen before, and in the case of the
Quran, that is in the teaching of Islam, it is permissible, if God has permitted that, definitely
for good reason, for some wisdom that he knew that some situations could be solved best through
polygamy rather than divorce or, or adultery.
		

			Then who are we as humans, simply responding to attacks or being apologetic? Who are we to put our
human wisdom above that of our Creator? So this is one A second reason why this could not be very
good solution is that we have indicated before that the present state of polygamy in the Muslim
world is so minor that when you talk about the fraction of 1%, you're not really talking about any
alarming problem at all, or major danger that
		

			absolute an outright prohibition, and may be helpful.
		

			A third reason why I'd not agree with this kind of claim,
		

			is that it the approach of saying outright, prohibition of polygamy is a negative approach. It
simply says don't do this. But it doesn't really succeed to provide alternatives. What are the
solutions to the problems that we discussed? For example, over the last one or two problems? How do
you deal with practical real life situations like this, which could happen in any place or any
society? How do you resolve it? So It simply says, Don't do it simply because people will feel it's
repulsive, but it doesn't get any better? A wholesome and practical solution to the problem.
		

			There's
		

			one case that I'm familiar with, at least in one Muslim country, where the legal system was modified
to actually outright prohibit polygamy. But this country is ruled by a ruler, who is quite
westernized, not very committed, as far as I know, to Islam, and the implementation of the law of
Islam. So just, you know, follow whatever comes from the west, whether it's right or wrong, which is
not a good and creative approach at all. And that resulted in some funny situations. For example,
you go to the judge,
		

			and acknowledge that that second woman you had contact with is your legitimate wife, that you're
married to her and that you're responsible for her legally. And if she has any children you're
responsible for, for them, then you will be punished legally, and you'll be sent to jail. If you go
before the judge and say, no, that second woman is not my wife, she's my mistress. You may go free,
which is it from a Muslim standpoint, is sheer hypocrisy. See, I mean, to commit adultery.
		

			Or if you claim that it was only an adulterous or illicit relationship, you go free. But if you
claim that I am responsible, it's his commitment. It's the second league and wife, you go to jail.
So this is, again, an indication of the superficiality of this kind of,
		

			you know, prohibition. Without giving a better alternative, I don't think there might be a better
alternative in cases like this at all. So in other words, the to, to have an outright prohibition
create problems rather than really solve problems, particularly arguments. Some might say, Well,
okay, perhaps it's not wise to, to outrightly prohibit polygamy, but what about the restrictions of
imposition of some restrictions on polygamy in order to minimize some of the problems that are
associated with it? How would you respond to like, I've used this, for example? Yes, that's right.
Yeah. What do you say the question of trying to limit or stop abuses, is a principle which is not
		

			inconsistent with Islamic law, Islamic law provides actually for that.
		

			But the main question, just like you indicated in the question, should not be buy out outright
prohibition by trying to take some other measures. However, if restriction rather than prohibition,
is the course of action that may be taken,
		

			it should also be done within the limits of Islamic law. It has been indicated before that there are
two major conditions for the use of this concession of polygamy. And one is the ability financial
ability to look after more than one wife more than one household in many cases. And secondly, is the
observance of justice and equality between the wives if there is more than one and we have indicated
again before that these are very difficult conditions, very tough conditions to meet. So if there's
any legislation that ascertain and make sure or ensures that these conditions are met, it is not
against Islamic
		

			at all. But the main thing that one has to be careful about is that those conditions or restrictions
should not be such that they turn out to be this act of prohibition. In other words, you can make so
many restrictions to the point that it makes it almost impossible for people to solve their problems
if there is a problem like that through polygamy. And as such, you might be pushing them to break
the moral laws, or moral code in Islam.
		

			They have been such kind of claims and you go back even to 19th century, as early as in the 19th
century and early 20th century, we find that there have been some Muslim jurists even who called on
some measures to prevent abuses of polygamy. Among those the famous Judas chef Mohammed Abdullah,
who as reported by his students, Mohammed Rashid, Reza, and his eliminar, which is like an
interpretation or commentary on the Quran, where he quotes his teacher indicated that Mohammed
Abdullah, as a Muslim jurist, felt that at his time, there have been so many abuses of polygamy. And
he actually was making some hints without explicitly saying that it is not against Islamic law, that
		

			certain laws or regulations be passed to prevent those abuses.
		

			There have been several attempts after Sheikh Mohammed Abu to make some kind of reform in the law.
But unfortunately, some of them amounted really to what might be called a veto right. That is to
require an advanced permission from the judge, before the marriage, marriage can be a second
marriage could be upheld, legal. But that again, like I say, places too much power in the hands of
the judge and matter which is very intimate and very close to the private life of individuals
involved. However, a better proposal was made by another great jurist famous when also Sheikh
Mohammed Abu Zubaydah, and in his book lectures in marriage, and dissolution of marriage, that's an
		

			Arabic, I just give the translation.
		

			He said that we have to make a distinction between religious condition and legal conditions. There
are some religious conditions which are based on the ethical convictions of the individual and his
religious religiosity, if you will, not all of these conditions should be turned into a legal
condition which requires a certain judge to sign and approve of. And he said that
		

			the
		

			the question on the sensitivity of marriage itself should not make the permission of a judge as an
absolute precondition for the validity of a second marriage. The same idea seems to have been
implemented in Syria, for example, in the person a law passed in 1953. In Syria, it said that the
judge may refuse to give a permission to the person to have second marriage. But if the person gets
married without the approval of the judge, the contract, marital contract is legal, it's acceptable,
but the person may be for example, fined for not registering marriage in the proper
		

			way. But it does not say you can never get married because the judge thinks that you, you know, you
should not.
		

			So this is some of the these are some of the measures which could be legitimately taken without this
suddenly, using the outright prohibition as a solution. These numbered restrictions like that would
be within the boundaries of Islamic law.
		

			Well, we've been discussing prohibitions and restrictions and so on in the Muslim context, what
about the situation of non Muslim societies? Do you think that new legislation permitting polygamy
may be relevant and useful?
		

			I know your even your question might be shocking to some who have been brought up to believe that
polygamy is such a terrible thing that it exceeds in its repulsiveness. Any other thing, whether
it's adultery or social ills or problems, but if again, we look at it more honestly,
		

			we can say that, yes, it could, it could contribute a great deal in resolving at least some of the
problems even in non Muslim or Western societies.
		

			One reason is that the basic human nature, the fundamental human nature, is basically the same
regardless of people and their cultures or backgrounds or ancestors, whatever. There are certain
basic things which are quite universal among all people. And some of the problems we discussed last
time, like the incidence of prolonged diseases of a wife of a youth
		

			Husband, the various problems pertaining to Baroness. And all of these are quite universal, I'm not
restricted to one society or the other, they're common.
		

			In addition to that, the again, the fundamental or common social problems pertaining to male female
relationship is something which may vary in its form or format, from one society to the other, but
not really fundamentally. So whether you're talking about the east, west, or south or north, that
doesn't make much difference, really, because these are basic social problems, which arises
		

			inevitably, in any society, and polygamy could be a solution to those problems.
		

			The other thing is that one should keep in mind also that the West, like the east or any other
place, is not really a problem free. And if your question really as to whether polygamy could be a
solution, or could be of some help, if it's legalized in North America, for example, my answer
definitely would be yes. Because if you look at the social malaise of our time, the problems with
sexual morality, the problems with disintegration of the family, problems of juvenile delinquency,
the problem of divorce ratios, which goes sometimes as much as 40%, much more or many folds, what
you may find in societies like Mr. Slight is where polygamy is legalized? Well, if one look at all
		

			of this social malaise, I'm not saying that polygamy alone would solve the problem. They might be so
many causes for this, the diseases are different difficulties. But for sure, at least in some of
those cases, polygamy if legalized could provide a more wholesome and more practical solution that
would avoid breaking up of certain marriages, and again, decrease the extent of
		

			sexual immorality that could be quite transparent when all doors are closed, to illegitimate. Well,
I'm sure it may sound surprising to some of the people that are watching the program that indeed,
some Western scholars have called for the legalization of polygamy, rather than condemning it, as is
commonly done. In the few seconds that we have left on today's program. Could I ask you just to give
us maybe an example of, of this view, once they have been so many writers, for example, and is
basant says that there's this pretended monogamy and there was but there is real polygamy without
responsibility. And she goes on explaining again, that is just the kind of pretense rather than real
		

			monogamy that exists in the West.
		

			For example, Ram Lando says that polygamy must be considered both natural and legitimate. He also
indicate that in most cases, I have found that polygamous behavior or polygamous longing went hand
in hand with the sensuality of monogamous natures. Another scholar Professor van Ehrenfeld, he says
polygamous marriage order has become necessary order
		

			that it will succeed monogamous system he goes even as far as saying that it may succeed, monogamous
system because he says it is morally superior. Just to give one more professors have a look at this.
It says in no part of the world, is polygamy so prevalent as in Christendom? In no parts of the
world? Is it so easy for men to escape the obligation incurred by polygamy? And there are so many
others. I'm not giving any exhaustive list. I wish we had more time to go through some of them. But
I just like to conclude by saying that this is only a sample of many objectives as Western scholars
who thought that perhaps in polygamy, there is a more wholesome and practical solution for many
		

			problems. I'm not quoting this to say that divine commands or divine concessions need any human
rationalization or justification. It simply shows that people even aside from their religious
convictions can see polygamy a solution, but let's remember what was repeated throughout these
sections, this segment of the program, that after all, Islam views polygamy not really as the basic
rule or general rule, but as something to meet a contingency situation is very difficult problem
that otherwise has no solution in a more wholesome and practical way.
		

			And we want to
		

			invite you back next week for our program and we'll be talking about marital relationships. Thank
you for watching.