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Posts Tagged Judge Kamini Lau

VIDEO: Quran does not encourage polygamy: Why is Polygamy allowed in Islam

 

 

 

 

 

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Why is Polygamy allowed in Islam

Dr. Zakir Naik

 

 

 

Polygamy

 

Q. Why is a man allowed to marry more than one wife in Islam? Or why is polygamy allowed in Islam?

 

Answer:

 

1. Definition of Polygamy : Polygamy means a system of marriage whereby one person has more than one spouse. Polygamy can be of two types. One is polygyny where a man marries more than one woman, and the other is polyandry, where a woman marries more than one man. In Islam, limited polygyny is permitted and polyandry is completely prohibited. Now coming to the original question, why is a man allowed to have more than one wife?

 

2. Qur’an is the only religious scripture in the world that says ‘marry only one’ Qur’an is the only religious book, on the face of this earth, that contains the phrase ‘marry only one’. There is no other religious book that instructs men to have only one wife. In none of the religious scriptures like the Vedas, the Ramayan, the Mahabharat, the Geeta or the Bible does one find a restriction on the number of wives. According to these scriptures one can marry as many as one wishes. It was only later, that the Hindu priests and the Christian Church restricted the number of wives to one.

 

Many Hindu religious personalities, according to their scriptures, had multiple wives. King Dashrat, the father of Rama, had more than one wife. Krishna had several wives. In earlier times, Christian men were permitted as many wives as they wished, since the Bible puts no restriction on the number of wives. It was only a couple of centuries ago that the Church restricted the number of wives to one.

 

Polygyny is permitted in Judaism. According to Talmudic law, Abraham had 2 wives, and Solomon had hundreds of wives. The practice of polygyny continued till Rabbi Gershom ben Yehudah. (960 A.D to 1030 A.D) issued an edict against it. The Jewish Sephardic communities living in Muslim countries continued the practice till as late as 1950, when an Act of the chief Rabbinate of Israel extended the ban on marrying more than one wife.

 

3. Hindus are more polygamous than Muslims The report of the ‘Committee of The Status of Woman in Islam’, published in 1975 mentions on page numbers 66,67 that the percentage of polygamous marriages between the year 1951 -1961 was 5.06 among the Hindus and only 4.31 among the Muslims. According to Indian law only Muslim men are permitted to have more than one wife. It is illegal for any non-Muslim in India to have more than one wife. Despite it being illegal, Hindus have more multiple wives as compared to the Muslim. One can imagine what would have been the percentage of polygamous marriages among the Hindus if the Indian government had made it legal for them. Earlier, there was no restriction even on Hindu men with respect to the number of wives allowed. It was only in 1954, when the Hindu Marriage Act was passed that it became illegal for a Hindu to have more than one wife. At present it is the Indian Law that restricts a Hindu man from having more than one wife and not the Hindu scriptures. Let us now analyse why Islam allows a man to have more than one wife.

 

4. Qur’an permits limited polygyny As I mentioned earlier, Qur’an is the only religious book on the face of the earth that says ‘marry only one’. The context of this phrase is the following verse from Surah Nisa of the Glorious Qur’an: ‘Marry woman of your choice in twos’ threes’ or fours’ but if ye fear that ye shall not be able to deal justly, (with them), then only one’ [Al-Qur’an 4:3]

 

 Before the Qur’an was revealed, there was no upper limit for polygyny and many men had scores of wives, some even hundreds. Islam put an upper limit of four wives. Islam gives a man permission to marry two, three or four women, only on the condition that he deals with them justly. In the same chapter i.e. Surah Nisa verse 129 says: ‘It is very difficult to be just and fair between women’. [Al-Qur’an (4:129)]

 

Therefore polygyny is not a rule but an exception. Many people are under the misconception that it is compulsory for a Muslim man to marry more than one wife.

 

Broadly, Islam has five categories of Do’s and Dont’s.

 

(i) ‘Farz’ i.e compulsory

 

(ii) ‘Mustahab’ i.e recommended or encouraged

 

(iii) ‘Mubah’ i.e permissible

 

(iv) ‘Makruh’ i.e ‘not recommended’ or discouraged

 

(v) ‘Haram’ i.e prohibited or forbidden

 

Polygyny falls in the middle category of things that are permissible. It cannot be said that a Muslim who has two, three or four wives is a better Muslim as compared to a Muslim who has only one wife.

 

5. Average life span of females is more than that of males By nature males and females are born in approximately the same ratio. During paediatric age however, in childhood itself a female child has more immunity than a male child. A female child can fight the germs and diseases better than the male child. For this reason, there are more deaths among males as compared to the females during paediatric age.

 

During wars, there are more men killed as compared to women. More men die due to accidents and diseases than women. The average life span of females is more than that of males, and at any given time one finds more widows in the world than widowers.

 

6. India has more male population than female due to female foeticide and infanticide. India is one of the few countries, along with the other neighbouring countries, in which the female population is less than the male population. The reason lies in the high rate of female infanticide in India, and the fact that more than one million female foetuses are aborted every year in this country, after they are identified as females. If this evil practice is stopped, then India too will have more females as compared to males.

 

7. World female population is more than male population In the USA, women outnumber men by 7.8 million. New York alone has one million more females as compared to the number of males, and of the male population of New York one-third are gays i.e sodomites. The USA as a whole has more than twenty-five million gays. This means that these people do not wish to marry women. Great Britain has four million more females as compared to males. Germany has five million more females as compared to males. Russia has nine million more females than males. God alone knows how many million more females there are in the whole world as compared to males.

 

8. Restricting each and every man to have only one wife is not practical Even if every man got married to one woman, there would still be more than thirty million more females in USA who would not be able to get husbands (considering that America has twenty five million gays). There would be more than four million females in Great Britain 5 million females in Germany and nine million females in Russia alone who would not be able to find a husband.

 

Suppose my sister happens to be one of the unmarried women living in USA, or suppose your sister happens to be one of the unmarried women in USA. The only two options remaining for her are that she either marries a man who already has a wife or becomes public property. There is no other option. I have posed this question to hundreds of non-Muslims and all opted for the first. However a few smart people before accepting, said they would prefer their sisters to remain virgins. Biologically, it is not possible for an average man or a woman to remain celibate throughout life. It may be possible in exceptional cases of one in ten thousand. In the vast majority, the person either gets married or performs illicit sex or indulges in other sexual perversions. Sex hormones are released in the adult body every day. That is the reason why Islam has prohibited monasticism.

 

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.

 

Thus the only two options before a woman who cannot find a husband is to marry a married man or to become public property. Islam prefers giving women the honourable position by permitting the first option and disallowing the second. There are several other reasons, why Islam has permitted limited polygyny, but it is mainly to protect the modesty of women. 

Hats Off to Judge Kamini Lau of India for Beating Muslim “Mullas,” in Correct Interpretation of Islamic Jurisprudence 

Quran does not encourage polygamy: Court

 
 Judge Kamini Lau of India, as Muslims, we salute you for correctly interpreting Al-Quran. 
 
 
 
Quran does not encourage polygamy: Court
The court said that the practice of polygamy has been regulated or abolished in many Muslim states/nations and it cannot be encouraged in a liberal democracy like India.
 
 NEW DELHI: The Holy Quran permits a Muslim man to marry more than one woman at a time but does not encourage such behaviour, a trial court has observed.
The court made these comments while denying anticipatory bail to a maulvi, who is accused of performing a girl’s marriage forcibly with a married man, and added that the Sharia law allows polygamy but only under special circumstances.

“I may observe that even in countries governed by Sharia (Islamic) law, the second marriage is permitted under special circumstances such as an illness of the first wife or her inability to bear children. In these cases, with the first wife’s consent, a man may marry again and this is referred to as polygamy, a subset of polygamous marriages. The Holy Quran permits a Muslim man to marry more than one woman at a time (up to a maximum of four), but does not encourage such behaviour,” additional sessions judge Kamini Lau said while dismissing the arguments of Maulvi Mustafa Raja of Delhi, who said that as per Sharia law, a man is allowed to keep four wives at a time.

In its order, the court said that the practice of polygamy has been regulated or abolished in many Muslim states/nations and it cannot be encouraged in a liberal democracy like India. “In the secular states of the Muslim world such asTurkey and Tunisia, polygamy is illegal in any form. Even in the nations where it is permitted, polygamy is only practised by a small minority.”

The judge also observed that polygamy is permissible in Sharia law “as a part of social duty and charitable motives or when it seeks to prevent destitution.”

It said polygamy is only permitted in certain circumstances, including when the husband’s death has left his wife with no other means of support.

According to the police, Raja had forcibly got the girl married with accused Nadeem Khan last year without her consent and also in her parents’ absence and that the victim was raped by her alleged husband.

 

 

 

Reference

 

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