Polygyny is the Original Rule

14/12/2010| IslamWeb

Polygyny is the basic rule; however, the ruling of polygyny differs according to the circumstances and conditions of every man.

 

Restricting polygyny to cases where the first wife is sick or old is considered unjustly narrowing that which is wide.

 

The phenomenon of polygyny was widespread during the period of Jaahiliyyah (pre-Islamic era) and Islam approved of this habit as it has many benefits for both men and women. However, Islam stipulated certain restrictions that protect the rights of all parties.

 

In this study, Shaykh Naasir ibn ‘Abdur-Rahmaan Al-Khunayn, a staff member at Imam ‘Ali University, answers many questions regarding this important issue. We do not want to have a lengthy introduction as we want to leave the reader to see the proofs that were mentioned by Shaykh Naasir regarding the advantages and benefits of polygyny and the clarification of being just with wives.

 

Polygyny is the basic principle

 

Some people ask about the reasons that call for polygyny as if the basic principle is that it is forbidden. Actually, this is what led people to think that polygyny should not take place unless there is a certain reason and if that reason exists, then polygyny would be permissible, otherwise it will be impermissible.

 

This is not true, but, unfortunately, this belief is widespread in many places. The sound opinion that should be applied with regard to understanding Sharee‘ah (Islamic legislation) texts that encourage marriage is that the basic principle is polygyny; in order to achieve chastity if the husband is capable [of marriage] and is just. However, if he fears doing injustice and feels that he would not be able to treat his wives justly, he should suffice with one wife. This is the opinion held as preponderant by Shaykh Abu ‘Abdullaah ‘Abdul-‘Azeez ibn ‘Abdullaah ibn Baaz . He used to joke with his companions, and ask them, “Are you among those who apply polygyny or are you among those who fear?” This sentence is a pun as it may mean that he is afraid of his wife or afraid that he might not be just. Allah The Almighty Says (what means): {But if you fear that you will not be just, then [marry only] one.}[Quran 4:3]

 

Restricting polygyny to cases where the wife is sick, old or so forth is considered narrowing a matter that Allah The Almighty made wide. The condition for polygyny is that the Muslim man should feel that he is most likely able to provide for his wives and to treat them justly with regard to the time he spends with them, the residence and expenditure he provides for them, and treating them according to what is good. He should fear Allah The Almighty as much as he can; however, the inclination of the heart regarding love, sexual intercourse or so forth is something that the husband cannot control. Nevertheless, he should not incline to a certain wife completely. Allah The Almighty Says (what means): {And you will never be able to be equal [in feeling] between wives, even if you should strive [to do so]. So do not incline completely [toward one] and leave another hanging.}[Quran 4:129]

 

Most scholars have said that "inclination" here means inclination with regard to overnight stay and providing for wives equally, but it does not mean being just with regard to love, as this is something that the person cannot control. This is supported by what was narrated by ‘Aa’ishah, may Allah be pleased with her, as she quoted the Prophet, , as saying: “O Allah! This is my distribution in what I can control, so do not blame me for what You can control while I cannot.”

 

Abu Daawood said that the Prophet, , meant the heart. This Hadeeth (narration) was narrated by At-Tirmithi, An-Nasaa’i, Ibn Maajah, Ahmad, Ibn Hibbaan and Al-Haakim and he authenticated it.

 

When interpreting the abovementioned verse, Al-Haafith Ibn Katheer said that it means that men will not be able to treat women justly in all aspects. This is because even if the husband applies the apparent distribution of nights, there could be a difference in the love and desire that he experiences. He added that the verse warns against inclining completely to one wife so that the other one would not be left hanging, neither a wife nor a divorced woman. Allah The Almighty Says (what means): {And if you amend [your affairs] and fear Allah -- then indeed, Allah is Ever Forgiving and Merciful.} [Quran 4:129] This means that if you amend your behavior and treat your wives equally and fear Allah The Almighty, He will forgive you for inclining to one wife.

 

Hence, it is now clear that the Sunnah (tradition) of polygyny is not restricted to a certain reason, but it is conditioned by justice and fearing Allah The Almighty. The basic principle is polygyny and no one should abstain from it except if he fears that he will not be just. The supreme scholar of this Ummah, Ibn ‘Abbaas, may Allah be pleased with him, said to Sa‘eed ibn Jubayr, may Allah be pleased with him, “Get married as the best among this Ummah (nation) are those who have the most wives.”

 

The opinion that I choose and that is supported by the rules and the general texts of Sharee‘ah is that the ruling on polygyny differs according to the case of every man and his character and qualities. The basic opinion regarding polygyny is permissibility provided that justice is achieved. Allah The Almighty Says (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice].}[Quran 4:3]