Refutation Series IX: Polygamy

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Islam allows LIMITED polygamy provided that the man treats his wives justly otherwise he should marry only one woman.

 

Assalamualaikum Wa Rahmatullahi Wa Barkatahu (May Peace, Blessings & Mercy of Allah Be Upon You)

 

Article by Sister Noor-ul-Huda & Brother Asim ul Haq

The Article is in reply to series of allegations:

1) Refutation Series I: Muslim Women are Dirty Polluting Creatures
2) Refutation Series II:Women are inferior, slave to men
3) Refutation Series III: Muslim women are sex object for men enjoyment
4) Refutation Series IV: Muslim Men can Capture Infidel Women as Sex Slave

5) Refutation Series V: A Woman’s Testimony is Worth Only Half of a Man’s
6) Refutation Series VI: Brutal Punishment For Women
7)Refutation Series VII: Fewer seats for women in Allah's Paradise
8) Refutation Series VIII: The Tyranny of Men over Women

Allegation number 9: Polygamy

 

 


Islamwatch says
 

Polygamy The Quran:

 

Sura (4:3) - (Wife-to-husband ratio) "Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice. “

 

 

 
Sura (4:129) - "Ye are never able to be fair and just as between women, even if it is your ardent desire" (but don't let that stop you, husbands, because your needs come first anyway).

 


Response

The author has quoted the verses and the reply is in the verses itself. Read the highlighted words above. It shows how much importance Islam gives to justice and how strict Islam is with regards to women's rights.

And the author must note how many women their religions allows them to marry.

 

The following verses of HOLY QUR’AN throws some more light on the same issue:

  • "Marry women of your choice, two, or three, or four; but if ye fear that ye shall not be able to deal justly (with them), then only one."[Al-Qur’an 4:3] And
  • "Ye are never able to be fair and just as between women...."[Al-Qur’an 4:129]

Allah is not saying it is obligatory, rather its a choice. And if the wives are happy then what is the problem?? Let them live happily and don’t be their advocate, they don’t need this “favor”.

Yes, it is the problem of the Man if he marries 2 women, how would he make them live happily and how would he do justice with both of them, it should not be the problem of others.

 

Abu Hurayrah said that the Messenger of Allah said, «مَنْ كَانَتْ لَهُ امْرَأَتَانِ فَمَالَ إِلى إِحْدَاهُمَا، جَاءَ يَوْمَ الْقِيَامَةِ وَأَحَدُ شِقَّيْهِ سَاقِط»

(Whoever has two wives and inclines to one of them, will come on the Day of Resurrection with one of his sides dragging.)

(Narrated by Abu Dawood, 2/242; al-Tirmidhi, 3/447; al-Nasaa’i, 7/64; Ibn Maajah, 1/633; classed as saheeh by al-Haafiz Ibne Hajar Asqalani in Buloogh al-Maraam, 3/310, and al-Albaani in Irwaa’ al-Ghaleel, 7/80).

Sheikh Muhammed Salih Al-Munajjid said

It should be noted that there are conditions attached to plural marriage:

1 – Justice or fairness.

Allaah says (interpretation of the meaning):

"but if you fear that you shall not be able to deal justly (with them), then only one"

[al-Nisa' 4:3]

This aayah is indicates that just treatment is a condition for plural marriage to be permitted. If a man is afraid that he will not be able to treat his wives justly if he marries more than one, then it is forbidden for him to marry more than one. What is meant by the justice that is required in order for a man to be permitted to have more than one wife is that he should treat his wives equally in terms of spending, clothing, spending the night with them and other material things that are under his control..(Islam QA Fatwa no: 14022)

Sayings of Great Scholars of Islam on Marrying only one is recommended or more than one is recommended.
 
a) The Hanbali scholar Al-Hajjaawi may Allaah have mercy upon him wrote, “It is recommended to take only one (wife).” [Zaad Al-Mustaqni’]
 
b) Ibn Qudaamah may Allaah have mercy upon him from the Hanbali School of jurisprudence, said in Ash-Sharh Al-Kabeer: “It is more appropriate to marry only one wife. The author of Al-Muharrar [i.e. Abul Barakaat Al-Majd ibn Taymiyyah] said this, based on the saying of Allaah (which means) {...But if you fear that you will not be just, then [marry only] one}.” [End of quote from Ash-Sharh Al-Kabeer authored by Shams-ud-deen Ibn Qudaamah]
 
c) Ash-Shirbeeni from the Shaafi’i School of jurisprudence, said in Mughni Al-Muhtaaj: “It is a Sunnah not to marry more than one wife if there is no apparent need.” [End of quote]
 
d) Al-Jassaas, from the Hanafi School of jurisprudence, said in his Tafseer (interpretation of the Quran): “With regard to the saying of Allaah (which means): {…two or three or four…}, it implies that it is permissible for a man to marry two wives if he so wishes, three if he so wishes, or four if he so wishes, and he has the choice to marry whichever number among these. He said: if he fears that he will not treat them fairly, then instead of four, he should marry three, and if he fears that he will not be just between three, then instead of three he should marry two, and if he still fears that he will not be just between two, then he should marry only one.” [End of quote]
 
e) Shaykh Ibn Uthaymeen may Allaah have mercy upon him said: “It is safer to restrict oneself to only one wife. However, if one sees that one wife is not enough for him and he cannot maintain his chastity by having only one wife, then we enjoin him to marry a second, a third, or a fourth, until he feels comfortable, lowers his gaze, and enjoys peace of mind.” [Excerpt from Ash-Sharh Al-Mumti’]
 
[Islamweb]

Sayings of Great Scholars of Islam on treating Wives equally

 

 

Al-Shaafa’i (may Allaah have mercy on him) said: “The Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the opinion of the majority of Muslim scholars indicate that a man has to divide his days and nights between his wives [giving each a full day and night], and that he has to be fair in doing so. (al-Umm, 5/158). And he said: I do not know of any (scholarly) disagreement with the view that a man must share his time among his wives and do so fairly. (al-Umm, 5/280).
 
Al-Baghawi (may Allaah have mercy on him) said: If a man has more than one wife, he has to treat them equally, if they are free [i.e., not slaves], whether they are Muslims or from among the People of the Book [i.e., Jewish or Christian]. If he does not treat them equally, then he has disobeyed Allaah and he has to make it up to the one whom he wronged. It was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has two wives and leans towards (i.e. favours) one of them (over the other), will come on the Day of Resurrection with half of his body leaning.” . (Narrated by Abu Dawood, 2/242; al-Tirmidhi, 3/447; al-Nasaa’i, 7/64; Ibn Maajah, 1/633; classed as saheeh by al-Haafiz in Buloogh al-Maraam, 3/310, and al-Albaani in Irwaa’ al-Ghaleel, 7/80).
 
 
Ibn Hazam (may Allaah have mercy on him) said: Treating co-wives equally is obligatory.
 
(al-Muhalla, 9/175)
 
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: He has to treat his wives fairly according to the consensus of the Muslims. In the four Sunans it was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has two wives…” He has to be fair in his division of time between them. So if he stays with one of them for one night, or two or three, he should stay with the other for the same number of nights, and he should not give preference to one of them in his sharing of his time.
 
(Majmoo’ al-Fataawa, 32/269)
 
Al-‘Ayni said, commenting on the hadeeth, “Whoever has two wives…”: It was said that what was meant was that half of his body would be leaning in a real sense, or that he would have no acceptable excuse for favouring one wife over the other. The apparent meaning is that this is in the real sense. This is indicated by the report of Abu Dawood, “with half of his body leaning.” The punishment fits the crime, because he did not treat them fairly or he deviated from what is right. Because of his being unfair and favouring one of them, his punishment is that he will come before the witnesses on the Day of Resurrection with one half of his body leaning.
 
(‘Umdat al-Qaari’, 20/199. See also al-Mabsoot, 5/217).
 
Al-Shawkaani also understood this to mean that it is obligatory (to treat co-wives fairly). See al-Sayl al-Jiwaar, 2/301; Nayl al-Awtaar, 6/216
 
Ibn Qudaamah al-Maqdisi (may Allaah have mercy on him) said: We know of no dispute among the scholars concerning the fact that it is obligatory to treat co-wives equally when sharing one’s time between them. Allaah says (interpretation of the meaning): “and live with them honourably” [al-Nisaa’ 4:19], but favouring one of them is not honourable.
 
Al-Mughni, 8/138
 
Ibn Qudaamah said:
 
The man does not have the right to make his two wives live together in one house without their consent, whether they are young or old, because that causes them harm due to the enmity and jealousy that exists between them, so making them live together provokes arguments and fighting, and each of them can hear sounds when he is intimate with the other, or she can see that. But if they agree to that then it is permissible, because they have that right but they are also allowed to forego it.
 
Al-Mughni, 7/229.
 
Shaykh Muhammad Salih Al Munajjid said
 
This husband has to fear Allaah and be fair in his division of his time. The wife has to tell him of the ruling of sharee’ah concerning what he is doing, and of the warning of mistreatment. She should remind him of Allaah and the Hereafter, so that he will check himself and be fair in his division of time. This is better than separating, in sha Allah. And Allaah knows best.
 

a) Al-Shaafa’i (may Allaah have mercy on him) said:

“The Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the opinion of the majority of Muslim scholars indicate that a man has to divide his days and nights between his wives [giving each a full day and night], and that he has to be fair in doing so. (al-Umm, 5/158). And he said: I do not know of any (scholarly) disagreement with the view that a man must share his time among his wives and do so fairly. (al-Umm, 5/280).


b) Al-Baghawi (may Allaah have mercy on him) said:

If a man has more than one wife, he has to treat them equally, if they are free, whether they are Muslims or from among the People of the Book [i.e., Jewish or Christian]. If he does not treat them equally, then he has disobeyed Allaah and he has to make it up to the one whom he wronged. It was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has two wives and leans towards (i.e. favours) one of them (over the other), will come on the Day of Resurrection with half of his body leaning.” . (Narrated by Abu Dawood, 2/242; al-Tirmidhi, 3/447; al-Nasaa’i, 7/64; Ibn Maajah, 1/633; classed as saheeh by al-Haafiz in Buloogh al-Maraam, 3/310, and al-Albaani in Irwaa’ al-Ghaleel, 7/80).

c) Ibn Hazam (may Allaah have mercy on him) said:

Treating co-wives equally is obligatory.
(al-Muhalla, 9/175)

d) Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:

He has to treat his wives fairly according to the consensus of the Muslims. In the four Sunans it was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has two wives…” He has to be fair in his division of time between them. So if he stays with one of them for one night, or two or three, he should stay with the other for the same number of nights, and he should not give preference to one of them in his sharing of his time.
(Majmoo’ al-Fataawa, 32/269)

e) Al-‘Ayni said, commenting on the hadeeth, “Whoever has two wives…”: It was said that what was meant was that half of his body would be leaning in a real sense, or that he would have no acceptable excuse for favouring one wife over the other. The apparent meaning is that this is in the real sense. This is indicated by the report of Abu Dawood, “with half of his body leaning.” The punishment fits the crime, because he did not treat them fairly or he deviated from what is right. Because of his being unfair and favouring one of them, his punishment is that he will come before the witnesses on the Day of Resurrection with one half of his body leaning.
(‘Umdat al-Qaari’, 20/199. See also al-Mabsoot, 5/217).

f) Al-Shawkaani also understood this to mean that it is obligatory (to treat co-wives fairly). See al-Sayl al-Jiwaar, 2/301; Nayl al-Awtaar, 6/216

g) Ibn Qudaamah al-Maqdisi (may Allaah have mercy on him) said:

We know of no dispute among the scholars concerning the fact that it is obligatory to treat co-wives equally when sharing one’s time between them. Allaah says (interpretation of the meaning): “and live with them honourably” [al-Nisaa’ 4:19], but favouring one of them is not honourable.
Al-Mughni, 8/138

Ibn Qudaamah also said:

The man does not have the right to make his two wives live together in one house without their consent, whether they are young or old, because that causes them harm due to the enmity and jealousy that exists between them, so making them live together provokes arguments and fighting, and each of them can hear sounds when he is intimate with the other, or she can see that. But if they agree to that then it is permissible, because they have that right but they are also allowed to forego it.
Al-Mughni, 7/229.

g) Shaykh Muhammad Salih Al Munajjid said

This husband has to fear Allaah and be fair in his division of his time. The wife has to tell him of the ruling of sharee’ah concerning what he is doing, and of the warning of mistreatment. She should remind him of Allaah and the Hereafter, so that he will check himself and be fair in his division of time. This is better than separating, in sha Allah. And Allaah knows best.

H) Dr Zakir Naik Said:

In Western society, it is common for a man to have mistresses and/or multiple extra-marital affairs, in which case, the woman leads a disgraceful, unprotected life. The same society, however, cannot accept a man having more than one wife, in which women retain their honourable, dignified position in society and lead a protected life.

 

For details: When is Polygamy allowed in Islam?: http://www.answering-christianity.com/polygamy.htm and http://www.answering-christianity.com/islam_polygamy.htm

 

  • Responding to Answering Islam's Criticism of Zakir Naik's Defense of Polygamy by Brother Bassam Zawadi

http://www.answering-christianity.com/bassam_zawadi/polygamy_rebuttal.htm

 

Continue reading here: 10)Refutation Series X: Wife Swapping

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