Polygamy

Polygamy
Although Quranic verses only give permission to practice polygamy and does not encourage it
necessarily, interpretations run gamut some believe that restrictions on it are as stringent that
no one is able to abide by them and this consider polygamy as unacceptable others look upon it
as good and correct practice. While scholars have debated the validity of polygamy in Islam for
centuries, practically necessitated that Muslim severities employ some sort of regulation of the
practice. The purpose of this regulation of whether legislative provisions are a step towards
abolishment of polygamy or whether women still live under its threat.
The sharia provisions concerning polygamy were a restraining order placed to circumscribe the
Arabian practice of marrying a limitless numbers of wives. The guiding principles against this
practice is demonstrated by first limiting the numbers of wives to four and demanding fair and
just treatment between then (Q4:3) and finally declaring that such treatment is unattainable
(Q4:129).
All Sunni and Shia schools agree that it is not necessary for a man to obtain prior permission to
take another wife. Ithna Ishari Shia sect also allow a man to have additional unlimited
temporary wives under Shafi law each wife will be entitled to the same amount of maintenance
to be paid is the mean between the previous standard living of wives and husband’s financial
capacity.
Tunisian reformers took Q4:129 as a legal conditions (Ijthed) and outlines that given the
present economic and social conditions to treat and maintain impartially is no longer possible
no longer possible they further argued that as with slavery, polygamy no longer contributes as a
necessity as it was historically justified only due to decrease in male population in the particular
context of war. Thus Tunionrian Law of personal status 1956 outlawed polygamy which is
punishable by a fine 240,000 Frans) or/and imprisonment. This has been notably praised by MR.
Justice Rabani in the Bangladesh case of Yasmin Sultana v Elias as the correct approach to
polygamy to polygamous marriages.
Moroccan code Personal Status 1958 took a middle course between Tunisia and Syria and
outlawed polygamy only when there was an apprehension of unequal treatment and allows
wife to stipulate in marriage contract. A condition restricting the husband from taking another
wife. Other countries in the middle East have also sought inspiration from precedent set by
Syria who treat financial position and capacity of the husband to deal with multiple wives as the
paramount condition that the Judge must take into account when asked for permission (Article
13 of Iraqi personal status law 1959) Article 13 of Lebyan Law of 1984. Algerian Family Law
1984 as amended in 2005 and Yemini decrease 20 of 1992 as amended in 1998. These laws also
stipulate that the husband must establish a clear and genuine need.
Egyptians Law on polygamy was also amended in 1985 whereby on marrying, the husband must
first state if he is already married if so he must provide the name and address of his wife to
public notary. Who will inform her the new marriage similarly in Pakistan s.6 of Muslim Family
Law Ordinance 1961 (MELO) stipulates that the husband must submit an application (Stating
reasons for proposed marriage as well as indication of consent of first wife) and pay fee to local
union to obtain prior written permission for contacting second marriage. Failure to do so means
he will have to immediately return the marriage dower as well as being subject to fine or
imprisonment.
However, case law illustrates that s.6 requirements are a formality (Ghulam Fatima v Anwar) as
failing to get prior permission does not render polygamous marriage void (Abdul Basit v Union
Council) in regarding punishment courts adopt a lenient approach e.g Judicial sympathy for the
offender shone through in Manzoor Bibi v Afzal Haq where judges stated that since the
husband has to pay dower in demand, that in itself is sufficient punishment. By contrast in
Bangladesh (where s.6 also applies) Judges are stricter on husbands who continue to violate the
law with impurity (Abdul Basher v Nuru Nabi). Notably a total prohibition in Bangladesh may
not be possible in the present soul political climate (Serajuddin 2001).
Lastly in absence of any direct legislative reform of Muslim Personal Status Law in India Judicial
supervision on polygamy is as adequate with respect to remedies (Subanu v Abdul Gafoor) as
there exist a latent recognition by judiciary of the need protect women who are unwilling
parties to such arrangements (Subaida Beevi) Dhavan J in Itwari Asghari also stated that the
husbands unilateral action of taking another wife is not only unequitable treatment but also
Cruelty for the purpose of DMMA 1939 (Asambi Vilmer Mirza). There is also considerable
evidence of public policy intervention employees and civil servant are not allowed to engage in
polygamy is an institution to be tolerated but not encouraged (Mounshie Buzloor)
The institution of polygamy has been misunderstood and is often wrongly depicted as a cruel
and repressive custom (Rachel Jones 2006) one cannot help but wonder why westerners
criticize this institution when their solitaries suffer from wide scale prostitution and extra
natural relations (Gusta v Le Bon). Performers should keep in mind that men are ‘by nature
polygamous’ (GR Scott) and enforced monogamy is problematic. For instance, Doi 1984
criticized the Tunision Reform on the basis that empirical evidence states that it has driven men
to engage in extra in extra peaceful polygamy and has increased the divorce rates.
Perhaps moral education of the public along with legal reform is a better remedy as controversy
surrounding polygamy only arises when Quranic verses are addressed out of their context and
Objective Q4:3 does not as, extensively believed (due to misinterpretation) confer and degrade
women. In provided a moral solution to problem of widows and orphans in context of war.
Nevertheless the external checks on polygamy in Muslim countries coincides with general trend
towards monogamy and statute law varies considerably ranging from an outright ban (Tunissa,
Turkey Fiji) to permitted but regulated (Bangladesh, Pakistan, Morocco Malaysia) to weakly
regulated (Iran, Sudan) and some permit it under customary and Muslim Laws (India, Nigeria).

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