Polygamy in Islam -A Study of the Modernist Approach

Rehana Firdous

Societies live and prosper by means of certain durable institutions. These institutions, however, must be capable of change and modification, for society itself is a changing phenomenon. But change does not necessarily mean complete abrogation, or substitution of something with something else entirely new. There are certain institutions which must remain permanent in their essence, even though their appurtenances and procedures may change due to the requirements of time and circumstances.

In Islam, family is the primary and essential unit of social organization;' its proper constitution and functioning is therefore necessary for the health and happiness of the society as a whole. This state is attained through the institution of marriage. The Qur'an has enjoined a formal permanent contract between man and woman as the basis of matrimonial life, and all kinds of temporary sexual contact between men and women have been forbidden (all Muslims other than the Shi'a regard Mut'ah marriage i.e. temporary contract of marriage as unequivocally forbidden). However, it must be clear here that to insist on the permanent character of marriage does not mean that the marital contract is absolutely indissoluble. Islam does not uphold the sacramental nature of marriage which renders marriage indissoluble and becomes a cause for great hardship to both the parties,

2 whenever a marriage proves to be incompatible.

Muslim Society had been lately facing many problems regarding the institution of marriage, but in the following pages we would confine our discussion to the subject of polygamy only.

Polygamy is the tenn employed to refer to the form of marriage in which a man is permitted to have more than one wife simultaneously. As to the system in which a wife may have more than one husband at a time, it is usually called polyandry.

The Arabs were polygamous before the advent of Islam and so were many other people.3 With the advent of Islam, limitless polygamy was restricted to four.' This restriction and limitation in the number of wives permitted to a man is based on the Qur'anic verse 4:3 and further supported by a number of hnniths. For instance, it was reported by Imam Malik in the Muwaffa '

that Ghaylm b. Salama accepted Islam and he had ten wives. The Prophet (pbuh) said: keep four of them and make the other free.' Similarly Abii Da'ud reported from Hki th Ibn Qays: I accepted Islam and had eight wives. I mentioned this to the Prophet(pbuh), and he advised: select four of

6 them.

Limited Polygamy (that is, permission to man to marry up to four wives, not more at a given time) has always been considered by Muslim commentators, jurists and scholars as a right of man, sanctioned by the Qur'an itself. Many Ulama have mostly tended to regard V.4:3 as recommendation, not merely a permission, and have defended it as one of the honored institutions of the Shari'ah. The subject of Polygamy has been hotly debated lately by Muslim scholars; and the reinterpretations of the injunction relating to the subject by modernist scholars is of great significance in the existing conditions of Muslim society. In the following pages we shall try to examine and elucidate these modernist ideas in some detail.

The history of polemics between Islam and Christianity is as old as Islam itself.' The discussion of the status and rights of women in Islam began as a result of Christian missionaries' criticism against Islam. Muslim scholars had been responding to the criticism leveled against Islam, particularly with regard to the permission of polygamy, practice of divorce and seclusion of women. The attacks of new liberal ideas compelled Muslim scholars to stand for a reassertion of the pristine truths of Islam. In this attempt, they tried to see and show how far Muslim Society has deviated and Muslim women suffered from un-Islamic and non-religious customs.

After these general remarks, we shall now discuss the modernists' contribution to this issue and would try to highlight their peculiar understanding of the texts relevant to polygamy, which is our main subject of discussion here.

Understanding of the Verse 4:3 of the Qur'iin by the Modernists:

As pointed out above, the modernists' discussion of Polygamy had been centred around the interpretation of the Qur 'aic verse dealing with the subject of polygamy:

And ifyou fear that you will not act justly towards orphans, then only one, or what your right hands own; it is likelier you will not be partial.. . (4:3)

Some modernist scholars and commentators hold that this verse, in its legal context, is a continuation of the two verses that have preceded it,' namely, verse 1 and 2 of Surat-al-Nisa'. These verses are as follows:

0 Mankitid few your Lord, who created you of a single soul, and front it created its mate, and from the pair of them scattered abroad many men and women; and fear God by whom you demand one of another, and the wombs; surely God ever watches over you. Give the orphans their property and do not exchange the corrupt for the good; and devour not their property with your property; sureIy that is a great crime (4: 1-2).

The verse pertaining to polygamy (4:3) has been understood by the modernists in the light of these two preceding verses. They have argued that in the first verse, God has declared that the essential bond of marriage is built between one man and one woman. So in this verse it has been said that first God created the human species, and it was this thing that He called: a single soul, then it was from the same soul that He created his or her mate; and from this pair He created the vast number of men and women whom He spread over the whole earth. So the words occurring here declared the unity of the human race and the equality of the male and female.9 And it is also pointed out that the natural and correct way of the creation and procreation of the human race and of their life and progress in this world, is that they should live in pairs; that is, one man and one woman should marry each other and live together in happy union.'' It should be noted here that the verse under discussion does not directly state the law of marriage, and God has not given any command about it in this verse, but He has mentioned the wisdom of His creation. However, the modernists' stress that the wisdom of God revealed in the verse implies the desirability of monogamy.

The second verse deals with one special aspect of human rights and obligations, namely, those concerning the wealth and interests of the orphans. (i.e. orphan children in general). According to the modernists, here God admonishes those who do not help orphans under their charge, but instead misappropriate their property so much as mixing their own corrupt goods with the pure ones of the orphans. So God asks them to stop their fraudulent practice, for it is a crime. They are given the charge of orphans to help them, not to harm them.

Now, the Verse 4:3, in the modernists' view, continues to deal with the safe-guarding of the orphans' rights1' and lays down an alternative for the guardians, or prospective guardians, of orphans who fear the possibility of not being able to deal completely fairly with the administering of their wealth and protecting their interests.12 At this point, it may be asked: in what way would polygamy help a man who fears that he cannot do justice to the orphans under his care? The answer, according to A. de Zayas Abbasi, is that: the man, who decides to marry the orphans' mother, is

voluntarily assuming towards those orphans the position of foster-father with all the legal and moral obligations this entails. He is further more pledging his person and his own wealth to the mother as a guarantee of his right dealing. Still more, he is assuring the orphat~s of the shelter and protection of his home, and the atmosphere of a normal family life in which to grow up. As her husband, he is also able to deal freely ... in all matters co~cernirig the orphans. 13

There was another consideration according to Qamaruddin Khan: the guardians of these widows and orphans ' rights who looked after them and their affairs, could not easily withhold their temptations towards them. If they kept at a distance they could not properly manage the affairs of the orphans (i.e. widows, girls, and boys); and if they mixed with them freely, they were liable to fall into error. In either case they would be failing in their duty. Therefore, it said that if you can not do justice to those orphans under your charge, then marry them.14

A further argument frequently made by the modernists, is that in spite of the fact that neither the financial condition of the Muslims, nor the resources of their state, were sufficient to provide any humanitarian aid to these women by way of social service, or any other collective method, God asks them in the Verse 4:2 to help these afflicted women. And the purpose of this Divine directive was that whenever such trying conditions prevail in. Muslim society, the Muslims should pool their resources and provide systematic aid and patronage to such afflicted women and orphans. But at that moment, i.e., in the coiiditions following the battle of Uhud, this solution was not applicable. Generally speaking, the people of Madinah at that time were not in a position to offer this kind of help. This is why God said, if you cannot do justice to the orphans on simply humanitarian grounds then marry these widows. As Fazlur Rahman points out: It then says that since guardiarzs do not deal honestly with orphaned women's properties, then they should

1s marry them up lo four, provided they cart do justice among them.

Grammatical Discussion on the Construction of the Sentences:

The first thing the modernists noticed in the verse is the conditional construction of the sentence16 wa in khiftum allri tuqsi@i fi7 yatrimri fankib i.... Discussing the conjunction fa used before ankihu, modernist scholars have argued that a new clause begins with fankihu and this is conditional upon wa in khiftum. Fa is used here to mark the apodosis and means 'then'. They argue that if we accept the clause beginning with fankihu, as an independent clause, it means that the first clause (wa in

khiftum oll~i tuqsilii ji 'I-yatdmd) stands for nothing." Further, they argue that according to Arabic grammar fa always indicates consequence or continuity with what precedes, and serves as a link between two clauses or sentences. whether the relation of the one to the other was explanatory,

18 conditional or merely continuative.

Ja'far Shah Phulwarwi, another notable advocate of the modernist view, discussing the syntactical construction of the sentence, says that the condition of fa in khiftum everywhere in the Qur'an indicates a necessary condition. For instance:j&iri khiftun~ alla yuqimd bucliid Alliihi fa-la junnha 'aluyhimii fi nzufticlr~t bih (If you fear that they mciy not rnaintnin God's hozrrids, then it is tio j d t in tlietn for her to redeem herself) (2:229). In other verse Fu-it1 kliiftunz fil-rijdan aw rukbGtzG (Ifyou fear, then afoot or moutzted). Yet again: An taqgirii min al-galdti in khiftum an yaftinnkum ullarlhina kafarii (There is no fault in you if you shorten the prayers, if you fear the unbelievers may afflict you) (4:lOO). Finally: wa-in khlftunz shiqiiqa bayrzihirna fab 'athii bakaman (And if you fear a breach between the two of them, then bring forth an arbiter ...) (4:35). Citing these verses, he argues that according to the Qur'an, Khul' may be given if the fear of crossing the boundaries of God (budiid Allah) exists. Prayers can be shortened or observed on foot or horseback, if the fear of enemy exists. In the same manner, polygamy can be allowed to guardians, if the fear of injustice to

19 orphans and widows exists.

So it is inferred from the very construction of the sentence that this pernission of polygamy was not intended to be general; it was given to guardians of orphans as a lesser evil (ahwun al-baliyyatayn), upon the condition of ~ u s t i c e . ~ ~

To Whom Does the Word Nisi' Here Refer?

Concerning the verse: Fmkibii md tiiba lnkum min al-nisd'i (Verse 4:3) ('then marry such women as seem good to you'), modernist scholars have held that the word nisi ' in this verse can be taken to mean 'the women left with orphans' by marrying whom the guardians will be better able to protect the interests of the orphans; and these women are clearly the widows or mothers of the orphans, or perhaps orphan girls who have just reached their puberty. They maintain that the word nisd' cannot apply to women in general here because the main issue is that of orphans. This means that, in their opinion, the pernission for polygamy was not general, not an outright permission as the traditional 'Ulania hold.21 Since here the main issue is that of the orphans, how could God suppress it and address another issue that is, the general law of marriage, which according to the modernist

perception, appears to be irrelevant to the situation. So they have held the opinion that permission here was given only to the guardians. For example, S. Ja'ffer Hussain says: The two verses of the Qur 'iin particulurly relevant to the subject ofpolygamy (Verse 4:3, 129) can be reconciled, if one takes into consideration the then existing conditions in Arabia that made necessary, in some cases, multiple marriages. Due to the wars, many women became widows and children orphans. In order to protect them, the Qur'an gave the permission to marry more than one wife in the interest of the widows and orphans.22 Fazlur Rahman, commenting on this subject, says: This shows that this question of permission of polygcmy arose within

23 the special conte.rt of orphan girls.

Modernists also insisted that in understanding the Qur'anic social reforms, one must distinguish between enactment of laws and moral injunctions. Only by so distinguishing, in their view, can the true orientation of the Qur'anic teachings be understood. They have interpreted the verse on polygamy according to the said principle and maintained that polygamy was legally allowed up to four to solve a particular problem. This concession was necessary in the circumstances, but morally the Qur'an imposed such restrictions as the demand for 'justice' and 'equity', which cannot be normally fulfilled. In other words, in their view, permission for polygamy was given as a matter of necessity. However, the emergency that was created after the Battle of Uhud persisted, because conflicts and wars with the unbelievers continued until the end of the Prophet's life. The economic condition of the Muslims remained precarious, and new problems of social readjustment were born every day. For instance, after the truce of Hudaybiyyah in 6 A.H. a large number of Muslim women emigrated from Makkah to Madinah and had to be absorbed in the new society. So polygamy continued to be permitted as a matter of necessity rather than as

24 an indulgence of pleasure. As a remedial measure, this permission was given, not for the sake of the men, but for the sake of widows and their children.'= Particularly because in that age, when women were not in a position to earn their livelihood by themselves, the only solution to their distress and poverty was to get them married and placed under the

26 protection of men. But even in this exceptional case, only those persons were allowed to marry more than one wife who had the extraordinary capacity of dealing equally with all."

The Modernist Interpretation of the Word 'Adl (justice):

The word 'ad1 with regard to wives has been used in two Qur'anic verses. It is said in verse 4:3 Fa-in khiftum alld ta'dilii fa-wdhidatan, and in verse 4: 129 it is said: Wa-lan tastari 'ii an ta 'dilii bayn al-nisii 'i wa-lau harastum

(but if you fear that you will not be equitable then only one1, and 'you will not be able to be equitable between your wives even if you be ever so eager.. .).

The word 'ad1 (equity, justice) has been interpreted by the traditional 'Ulama as the extension of material benefits to all the wives, because in their view, equal treatment in love, mercy and affection is beyond the reach of human beings. How, then, can God demand a thing which it is not possible for man to do? According to traditionalist scholars, the verse 4:129 refers to man's inability to do justice between wives, but God does not demand it.28

However, the modernists interpret these verses entirely differently. In their view the question of justice is very important. They call it a check and a

29 moral rider upon the permission. The words fa'in khijium are given greater consideration by them. They argue that there is no one who may ever be immune from the fear of doing injustice and the purpose of these words is to indicate that complete justice to several wives at one time is

30 almost impossible.

'Ad1 according to them, signifies not mere equality of treatment in the material things, but also complete equality in love, affection and e~teem.~ ' They support this idea by citing other Qur'gnic veses in which the bases of matrimonial life are explained. For example, God says: And of His signs is that He created for you of yourselves, spouses, that you might repose in them, and He hus set between you love and mercy (30:2 1). In another verse, God says: It is He who created you out of one living soul, and mude of him his spouse that he might rest in her (7: 1 89)."

Modernists allege that the traditional scholars have committed a grave error in saying that justice to wives could only mean equal treatment by providing them with equal facilities of shelter, food and clothing. They argue that the distribution of equal material comforts to wives is not such a difficult problem that it could be beyond the capability of man. The words fa 'in khijium, therefore, indicate that the reference is not to such ordinary matters but to something of great special importance; and that thing is obviously equal love to all the wives.33 Material justice is indeed the very basis and guarantee of the peace and happiness of matrimonial life, however, in their view, the Verse 4:129 by making it also clear that you will

34 never be equituble between you wives even ifyou be ever so eager has made a distinction between material and mental justice. While the former is possible and obligatory, the latter is beyond human capacity, hence forgivable. Therefore, the latter kind of justice, namely, the distribution of equal love could not be the sine qua non for permitting polygamy.

Do these statements contradict each other?

The Qur'an, then, allows polygamy up to four wives but upon the condition of justice as is clear from Verse 4:3. And it says that, if a person is afraid that he cannot do justice to co-wives, then he must have only one wife. Furthermore, it says: You will not be able to be equitable between your wives, be you ever so eager (4: 129). These apparently contradictory statements could be reconciled by the distinction made by the 'Ulama between two kinds of justice as explained above. Traditional 'Ulama hold that, if God's words indicate a prohibition of polygamy, and this was the object really aimed at, then why did God not simply prohibit it? Similarly, if God actually knows that no one can be just, would it not be natural simply to enjoin monogamy.35 Discussing this point Fazlur Rahman says: They (traditional 'Uluma) therefore took the pernzission cluuse to he absoltrte and construed the condition ofjtlstice to be a matter for the private judgement of evety indivicltlul hushund, whether or not he coulcl do, or was doing, justice among his wives, Muslim modernists, on the other hand, wunting to restrict or. abolish polygamy, gave legal import to the riders (that is, justice to wives, and connection of the verse with the historical situution) and ~iistnissecl the permission clause us being without primary import. 36

Tahir Mahmood, another advocate of the modernist view, emphasizing the principle of interpretation says: One of the admitted rules of interpretation of text is that when an original proposition is qual~jied by an independent statement, the original rule will not be regarded as cr general law. This rule, if applied to the aforesaid verses, will necessarily relegate the permission of polyganz-y to the realm of exceptions to general rules of law. The second sentence of the verse "then only one" expressly advises people to confine themselves to one wife drily. Thus, monogamy must be considered to be the general rule of the Qur'anic law of marriage."

Gradual Abolition of Polygamy

Some modernists have gone further and argued that the ideal concept of conjugal life given in the Qur'an is that of monogamy, which according to them is the spirit of the Qur'an. Why, then, did the Qur'an not prescribe this rule in explicit words? They have argued that polygamy was widely practiced in Arabia and it was not possible for the Prophet (pbuh) to obliterate this custom completely all at once. So he took steps to eradicate it by limiting the number of marriages and by making absolute justice towards all wives obligatory on It can be seen that this interpretation of the verses relating to polygamy is based on the assumed principle of graduality in revelation.

Chiragh Ali, discussing this point, says that the Prophet (pbuh) set out to mitigate the evils of polygamy and then abolish it finally. He argues that in the Verse 4:3, polygamy was limited by the restriction to four wives at a time, but when conditions improved, he (the Prophet (pbuh)) announced the ultimate rule which amounted to a complete prohibition of the practice. This final rule was given in the verse 4:129, which said: certainly you have it not in your power to treat your wives with equal justice even though you would fain to do so.j9 Valibhai concludes: On this subject the Qur'an itself gives its verdict in an emphatic "no" when in verse 120 of chapter 4, it says: And you will trot have it all in your power to treat your wives alike, even though you would fain to do so .... The injunction, therefore finally applicable to the case is that which is contained in the verse of chapter 4'.40

Discussing the same verses (4:3, 4:129), another scholar, Mumtaz Ali, argues that the Qur'an has emphatically, by describing the inability of man to do justice, forbidden polygamy. He further asks, if man cannot do justice at all as the Qur'an says, then what is meant by the granting of this permission with the condition of justice? He himself replies that this is the style used in the Qur'an to explain such matters. In another place, the Qur'iin speaks in the same manner. For instance it is said: The gates of heaven shall not be opened to thenz, nor shall they enter paradise until the camel passes through the eye of the needle ....( 7:4O). Here what is being said is that Infidels cannot enter into the Kingdom of heaven, but it has not been contemplated that if the camel will pass through the eye of the needle, then the Infidels will enter into heaven. So in the same manner, since in these verses God says that there is no one who may ever be immune from the fear of doing injustice, we can say that the Qur'm wants to abolish polygamy.4'

Some of the modernists also argue that man is prone by nature to be favourably inclined to individuals with better gifts, and, since it is impossible to secure two women of the same merits and the same virtues, if a man has two wives, the defect of the first and the accomplishinents of the second will certainly lead him to show more or less favour to one of them. Such partiality has not been allowed by the Qur'an nor by the Prophet (pbuh). A man who does not act upon the commands of God is a sinner." So for the husband it is more proper that he has only one wife so that he may not deviate from the right path, and since he is unable to mete out equal and uniform treatment to his wives, he should confine himself to one only, no matter how, great and urgent might be his need." These modernist scholars hold the opinion that the way this Qur'anic recommendation is given clearly leads towards monogamy." The Qur'an discouraged polygamy, and in doing so adopted its usual course of appealing to human nature (i.e. revealing the verses gradually).45

Does the Qur'In make Polygamy Obligatory?

Further, most modernists argue that polygamy is not obligatory after all. According to their understanding of the Qur'anic passages, it is at best permitted under a special condition. Therefore not taking advantage of a permission cannot amount to opposing the law. 46

In order to support this argument, they draw attention to the law given in the Qur'an about strengthening the hearts of people who are weak of faith. God says: The free will offerings (+daqiit) are for the poor and needy, those who work to collect them, those whose hearts are brought together .... (wa'l- mu 'allij2h qulubzrhunr) (9:60). The Caliph 'Umar stopped the operation of this law, and declared that Islam had become quite strong and that it had no need to strengthen the people of weak faith by granting them subsidies from revenues. Apparently, he violated a clear law of the Qur'm, but in truth he acted in the very spirit of the ~ur'an." Now, if the steps are taken to abolish or restrict polygamy in view of the injustice frequently done to women in case of polygamous marriage, it should not be seen as interference in a religious matter. 48

The modernists also hold that the state can interfere in worldly matters if the public weal demands it.49 Supporting this idea, they cite the verses 4:3,4:35 and 2:229. They argue that in all these verses God addresses the society as a whole, not merely the husband or wife, because in all these verses the words used are wu'in khifturn ('if you fear'). The verb Khifturn is not singular or dual but plural. Hence, they argue, that it may be addressed to more than the husband and wife, and if any legal permission leads to a social corruption, it can be revoked by the state or society.s0

Permission of Polygamy in Exceptional Cases

Nevertheless, some modernists have maintained that the spirit of the Qur'an and flexibility of its injunctions show that the permission for polygamy can be given in cases of emergency and in very rare and trying circumstances. What are these circumstances? For instance, the wife might contract an incurable or serious disease, which might render her incapable of performing her functions as a wife. She might be sterile." Polygamy might also be allowed in cases when there is an excess of women over men in the population." To save the widows and orphan girls who suffered by war, polygamy became necessary, and also, to put a check on concubinage (which does not exist any more) and prostitution.53

So in their opinion, polygamy may be adopted in these exceptional circumstances for the moral and physical welfare of the society. But in all

these cases, decisions should be made by the society, not by the individual 54 person himself.

Conclusion:

We can summarize the views of the modernists on the subject of polygamy in the following manner: the permission for polygamy given in the third verse of Siirat al-NisB' is not an open permission, nor a general licence to practice polygamy. It was given in a special historical situation brought about by a recent war, on account of which a large number of women and children had become orphans. With reference to the word yatdmd in the relevant verse, it has been particularly noted by the modernists that what is relevant to the context is 'lack of protection or shelter', and not the age of the orphans. Thus, in their view, the word yatdmd need not refer to 'orphan children' only but may be extended metaphorically to cover 'those rendered shelter-less and unprotected'. Hence the word nisd' has been taken to mean the 'women left with orphans'. In this sense, then, the permission is regarded as a temporary measure. As mentioned earlier, all traditional commentators too have agreed that the permission was given when there were many war widows and orphans, and was adopted to solve a particular problem. But they have maintained that what was in origin an adhoc solution may be continued as a safeguard against social evils." However, some modernists have said that, if such emergencies arise again, there may be several options available to solve the problem of widows and orphans. For instance, such orphans could be helped by the state and social institutions, and when they become economically rehabilitated they could look after thern~elves.'~ But on the other hand, other modernists have held that polygamy cannot be abolished altogether, because there are some reasons for which it should continue to be allowed: it may be restricted but could not be prohibited. It should be mentioned here that these ideas are not wholly supported by the Qur'm or Hadith, but are mostly the product of their own minds.

In the foregoing discussion, we have seen that modernist scholars have held the idea that the Qur'an is talking at two levels: a legal level where limited polygamy was allowed, and a moral level which the Qur'an had apparently contemplated that the society would move to it in the course of time. They tried to comprehend the Qur'Bnic verses concerning the position of women in the light of this hypothesis: that many injunctions of the Qur'Bn are a continuation of pre-Islamic social tradition, and that Islam has either retained them or modified them where necessary. As Ameer Ali said: many of sumptuary regul~tioizs, precepts, and prohibitions of Mohammad were culled forth by tenzporc~ry circumstc~nces, of the time cznd people. With the

disappearance of such circumstances, the need for those laws has also d i s ~ ~ ~ e a r e d . ' ~ Modernists have held that legal statements of the Qur'an which are contingent upon specific socio-historical situations, when the social situation changes, the law must change as well. In this view, they have followed the theory of Shih Wali ~ l l i h ~ ~ and held: 'there are in the Qur'an many injunctions which are a continuation of pre-Islamic social traditions; Islam has either retained them or modified them where necessary.. .. They are incorporated in the Qur'an because the call of Islam started from Arabia, and it was destined that God should use the people of that land as the first acceptors and the first bearers of His message .... It was, however, not possible to completely change their habits and customs and long standing traditions, prejudices and superstitions, in a few months or years, by simply announcing to them the injunctions of God. Therefore, wherever possible, concession was given to them temporarily by Divine wisdom'.s9 They tend to hold the view that monogamy should be considered to be the general rule of the Qur'anic law on marriage, while provision for polygamy should be treated as an exception. They added further that although the Qur'an does not set out a concept of marriage and conjugal relations in a compact and systematic form in one place, as generally formulated in the law books, the various aspects of matrimonial life have been elaborated in the Qur'an in different places. One should not overlook the significance of those verses. For instance, the verses about the process of the creation of mankind apparently imply that the fundamental covenant of marriage is established between one man and one woman. Describing the creation of men, God uses the word zuwj ('pair') everywhere, which indicates the fact that the fundamental institution of marriage is built between one man and one woman. As Sir Sayyid argued, 'as long as no interruption takes place in the original nature.. .. this original nature demands that man should have only one wife as his partner in life.60 Why did he view monogamy as natural to man? He did not give the reason, but to my mind Sir Sayyid held the view because God declared: 'God's original nature upon which he originated mankind. There is no changing God's creation ...' Perhaps Sir Sayyid had in this verse, when he viewed monogramy as natural, because here God says that He has given mankind a certain nature, which cannot be changed; and mankind means both man and woman. Sir Sayyid further holds that the principle of monogamy may be relaxed under certain conditions as stated above.

Modernists have treated the Qur'anic permission for polygamy as an auxiliary or remedial law with an elasticity to meet the contingencies of time and place. They have further held that the permission was in accord with the scheme of Islamic legislation which set up certain moral ideals to

be gradually attained by the Muslim Ummah, positively forbidding only those acts that were clearly injurious to social and individual life, at all times to come. 61

The status of polygamy in the traditional understanding of Islam is considered to be a permissible act (mub*), neither forbidden (harim), nor obligatory (wijib). Furthermore, it is also maintained that all permissible things could be forbidden if they prove or lead to unlawful consequences. K G . Sayyidain writes: 'However, as I see it, it would not be inconsistent with the spirit of Islam if, under civil law, restrictions were placed on polygamy.. .. I am not sure if the complete denial of the right of polygamy, permitted in Islam, will be consistent with the Qur'an. But I have no doubt that, as a general principle, with changes in social and economic conditions, suitable changes can be introduced in legislation which do not run counter to the basic spirit of slam'.^' Ibn Qayyim cited ninety-nine cases in confirmation of a similar principle (i.e. an injunction being contingent upon specific conditions and circumstances) and made extensive references to the Qur'an, and Sunnah, and the rulings of leading jurists." Emphasizing these two points Iqbal writes: 'Islam, however, has no obligatory and permnnent rule of polygamy. According to Muslim jurisprudence, the reigning government can alone annul this permissive law if it tends to destroy social life'." The above discussion shows that in the modernists' opinion the verse of the Qur'iin (4:3) is explicit in stating that if there be an acute fear of injustice, a man may marry only one wife. This constitutes, in modernists' view, one of the religio-moral limitations, which Islam has placed on polygamy. They have pointed out that the social degradation of woman, as a result of polygamy, can be proved by the historical testimony. They have argued that the open licence of polygamy did immense harm to Muslims and has caused many deviances in the Muslim society by humiliating Muslim women. At times, this practice violated the moral norms of Islam and thus created outrageous and extensive lawlessness in family life; with the result that natural emotions of love and mercy, which God had set between a husband and wife dried up. A woman at times was forced to behave as a slave of her husband in flagrant violation of all Islamic injunctions and was deprived of all her rights.65

The question of justice, as we have seen, is also very important according to modernists. The injunctions of the Qur'an regarding 'ad1 have been interpreted by them as a 'moral rider', 'dissuasive precepts', a manner of gradual abolition of polygamy, 'virtual abrogation' of the practice, particularly in view of the declaration of the man's inability to fulfil the condition.

In short, modernists have given very radical views about polygamy, seeing unrestricted polygamy as symptomatic of moral lawlessness conducive to sexual impropriety, and have argued that Islam, instead of encouraging polygamy, had hedged it around with many discouraging conditions in order to dissuade believers from this practice.66

Many attempts have been made to introduce some changes in the family laws in various Muslim countries, which traditional 'Ulama' have not always supported. The practice of polygamy is not widespread in Muslim society today. It has fallen into disuse, not because of conscientious objection to it, but perhaps more due to the general poverty and economic backwardness in the Muslim

End Notes:

I Hassan Ibrahim Hassan, Religious, Political, Social and economic Studies, (Beirut 1967), p. 255.

* Ismail R. al-Faruqi, Islam (Niles 1979). P. 48: Manzur Ahmed Hanafi, A Survey of Muslim Institutions and Culture, Lahore 1964), p. 236.

3 See. Encyclopaedia Britanica, (1 WO), art, 'Polygamy', Vol. 18, pp. 20 1-202; R. Smith, Kinship and Marriage in Early Arabia, (London 1903), pp. 128-1 65f.

4 Abdur Rahim, Muhumrnudu~~ Jurisprudence, (London 19 1 1 ), p.9. 5 Fu'ad 'Abd al-B5qi (ed.), KitZb al-Sh'b (Selected hadiths from Malik's

Muwarra'), (Cairo undated), p. 362 (in Bob jam: 'al-Talaq); The same hadith has reported by Ibn Majah, Sunan, Vol. I (Beirut 1952), p. 628 (in Kitab al- Nikah, hadith no 1053)., Al-Tirmidhi, Sunan, Vol. 3, P. 435 (in Kitab al-Nikah, Hadith no 1 128).

6 Abul A'la Mawdudi, Mas 'a la-i-Ta hdud-i-Azwaj (Lahore 1979), pp. 6-7. 7 Bashir Ahmad Dar, Religious Thought of Sir Sayyid Ahmed (Lahore 1957), pp.

81-91. 8 Muhammad Ali, The Holy Qur 'an: Commentary (Lahore 1973), p. 187: Ahmad

Yar Khan Naimi, Tafsir-i- Na 'imi (Gujrat n.d.) p. 425; Abdur Rashid, Ta'adud- I-Azwaj aur Qur'an, in Jafar Phuilwarwi, (ed.), Mas'ala-I-Ta'adud-i-Azwaj (Lahore 1959). P. 104.

9 Muhammad Ali, Commentary, p. 186. 10 Qamaruddin Khan, 'Polygamy' Dawn, Oct. 28, 1982; Ghulam Ahmad Perwez,

Lughat-al-Qur 'an, Vol. 2, (Lahore 196O), 820-822.

I I M. Ali, Comrrzentuq~, p. 187; Ahmed Yar Khan, Tafsir-i- Nu'irnt, p. 425. The Traditional Ulama hold the same view see: Sadr al-Din I~lahI, N i k ~ h Kuy Islanzi Qawanin, (Karachi l985), pp. 20-2 1.

I2 Fazalur Rahman, Major Themes of the Qur'an (Chicago 1980), p. 47; M. Ali, Commentary p. 187; Rafiullah Shahab, 'Awrtiin Kay Baray Mein Qur'Znt Ahkamat, (Lahore 1995), p. 50. Rashida Petail, Socio, Economic Political stitus of wornen and law in Pakistan (Karachi 199 1 ), p. 175.

13 A de-Zayas Abbasi, 'Islam and Polygamy, 'Isl. Literature, 8 (Jan. 1956), p. 45. 14 Qamaruddin Khan, 'Polygamy', Dawn, Oct. 28, 1982. 15 Fazlur Rahman, Major Themes of the Qur 'an, P. 47, Abdul Rashid, op. cit., pp.

104-105; M. Ali, Commentary, p. 187. 16 Almost all commentators have opined that wa in khiftun is a condition (shartj

unci ankitu is a apodosis (Jaza'): See particularly Ai-Tahart 's, Tafstr al-Razi, and Tafsir al-Haqqani, commentary on the verse 4:3.

17 Ja'far Phulwarwi, Hudur-i-Akram Awr Mas'la-i-Ta 'add-i-Azwaj, in Phulwarwi, (ed.), Mas'ala-i Ta'adud-i-Azw?ij, (Lahore 1995) p. 24.

18 A. de-Zayas Abbasi, op. cit., p. 43. 19 Ja'far Phulwarwi, op. cit., pp. 24-25.

"~ha l i fa Abdul Hakim, Ta'adul-i-Azwaj, in Phulwan (ed.) op. cit., p. 73; also see his book Islatnic Ideology (Lahore 1953), pp. 322-323.

22 S. Jafar Hussain, Legal Modernism in Islam: Polygamy and Repudiation, Journal of the Indian Law Institution 7(1965), p. 389.

23~azlur Rahman, Major Themes of the Qur 'an, p. 47.

2 4 ~ . H. Kidwai, 'Women under Islam', Isl. Review, 5 (1917) pp. 420-443.

2 s ~ . Ali, The Religion of Isiatn (Lahore 1983) p. 620. 26 Begum Sultan Mir Ameruddin, 'Women's Status in Islam", Muslim world, 28

(1938) pp. 153-163.

'7~ftabuddin Ahmed, The Status of Women in Islam, Isl. Rew., 21 (1933), pp. 49-50.

%n Abidin, Radd al-Muhtiir (cairo 1966), Vol. 3, pp. 202-208. 29 Fazlur Rahman, 'A Survey of Modernization of Muslim Family Laws,

Interrzational Journal of Middle East Studies, 2 (1980), pp. 45 1-465.

30~bdullah Yusuf Ali, The Holy Qur'an: Translation and Commentary, (London 1975), p. 179; Amir Ali, The Spirit of Islam (Calcutta 1902), p. 190; Manzur

Ahmad Hanafi, A Survey of Muslim Institutions and Culture, (Lahore 1964) p. 233-3 1 A. Yusuf Ali, Commentary, p. 79. Amir Ali. The Spirit of Islam, p. 190; Nizamat Jung, An approach to the Study of the Qur 'an (Lahore 1947), p. 22.

31 Ibid.

3 '~umtaz Ali, Hiiqiq-i-NiswZn, (Lahore, 1898) pp. 22-29. 33 Ibid., pp. 22-29. 31 . Sir Sayyid Ahmad Khan, Tasan$i-Ahmadiyya (Aligarh 1887), p. 346; and his

Tafsir al-Qur'an, (Aligarh 1882), p. 109. 35 Abdul Majid, The Position of Women in Islam, Isl. Rev. 23 (1935) p. 253.

Tahir Mahmud, 'Dissuasipe and Percepts in Islamic Family Law of Marriage', Aligarl~ Law Journal 2 (1 965), p. 123.

36 Fazlur Rahman, 'A Survey of Mademization of Muslim Family Laws, IJMES, pp. 45 1-465.

37 Tahir Mahmood, "Dissuasive and Percepts in Islamic Family Law of Marriage' Aligarh Law Journal 2 (1 965), p. 123.

38 Begum Sultan Aminuddin op. cit., pp. 153-1 63. 39 Chiragh Ali, The Proposed Political, Legal, and Social Reforms in the Ottoman

Empire and other Mohamrnadan States, (Bombay 1883) p. 128. 40 M. Valibhai, 771e Book of Quranic Laws (Lahore l968), p. 1 17. 41 Mumtaz Ali, Huqiiq-i-Niswan, pp. 22-29. 42 Tajammul Khan Lohani, Women in Islam (London 1934), pp. 16-19. 43 Kamaluddin Khan, 'Polygamy: A Problem in Nigeria; Isl. Rev., 12 (1924) pp.

5-1 1. 44 A Yusuf Ali, Commentary, p. 179 C.A. Soorma, Islam's Attitude Towards

Women and Orphans, (London 1929), p. 77. 45 Kamaluddin, op. cit., pp. 5-1 1. 46 C. A. Soorma, op. cit., pp. 73-76. 47 Taqi Amini, Ahbm-i-Shari 'at Mein Hidat-o-Zamane ki Ri'ayat, (Delhi 1954)

pp. 25 1-252.

48~ausar Niazi, Modern Challenge to Muslim Family, (Lahore 1976), p. 28. 49 Ja'far Phulwarwi, op. cit., pp. 22, 27; Khalifa Abdul Hakim, Islamic Ideology

(Lahore 1953), pp. 332-333, Tanzilur Rehman, Majmii 'a-i-Qawiinine Islami, (Karachi 1965) Vol. 1. pp. 137-139.

50 Ghulam Ahmed Perwez, Qur 'Zni Qawanin, (Lahore 1978), pp. 57-59.

"sir Sayyid Ahmed Khan, Tafsir al-Qur'iin (Aligarh 1882), pp. 105-106. Lady Ali Beig. 'The position of women', Islamic Review, 13 (1925), pp. 3 19-142; Qadi Abdul Haqq, The Ideal of women (Lahore 19 1 1) p. 24.

5 2 ~ m i r Ali, The Spirit of Islam, p. 190; Chiragh Ali Mas 'la-i- Ta ' adud-i-Azwaj (Hayderabad Deccan 1917), pp. 257-258; Mizanur Rahman, Islam and Polygamy; Islarnic Review, 26 (1 938), pp. 193-1 98.

53 Mizanur Rahman, Islam and Polygamy; pp. 193- 198: Sabir Nizami, ~zadie-i- 'Aurat, (Lahroe n.d.) p. 1 17.

54 Khalifa Abdul Hakim, Islamic Ideology, pp. 333.

5 5 ~ b d u l Majid Daryabadi, English Commentary on the Qur'an, Vol. 2, p. 147 56 Qamaruddin Khan 'Polygamy' Dawn, Oct. 2gh, 1982. 57 Amir Ali, A Critical Examination of the life and Teaching of Muhammad

(Edinburgh 1873) p. 194.

''shah Waliull5h, Hujjat Allah al-Balighah Urdu trans., by Mah. Ismail Godharwi, Karachi n.d., Pt. I. pp. 239-242,455.

59~ehana Firdous, 'Status and Rights of Women in the Qur'iin', Dawn, Karachi, 13"' April 198 1.

6 0 . Sir Sayyid Ahmad Khan, Taenif-i-Ahmediyyah, Vol. 2 pt.1. pp. 340-345. 61 Abdur Rahim, op. cit., p. 328. 62 K.G. Sayyidain, Islam: The Religion of Peace, New Delhi 1976, p. 205. 63 Ibn Qayyim, Kitab Akhbar al-Nisii', Cairo 1900, Vol. 2, pp. 149-147. 64 Bashir Ahmad Dar (ed.), Letters and Writings of Iqbal, Karachi 1967, p. 66. 65 Mazhar ul Haq Khan, Purdah and Polygamy, Peshawar 1972, pp. 102-147. 66 Fazlur Rehman, 'A Survey of Modernization of Muslim Family Laws, pp. 45 1-

465; Chiragh Ali, The Proposed Political, Legal and Social Reforms, p. 129; Tahir Mahmood, Dissuasive and Precepts in Muslim Family Law; p. 123.

6 7 ~ t . Sayyid Abd al-Wahid Mu'ini, Maqaliit-i-Iqbal, Lahore 1963, pp. 57-58.