Thursday, 18 December 2014

Bigamy under Muslim law

There is a common misconception that bigamy is the rule and is widespread in Islam. While bigamy or polygamy is permissible under the Muslim law, it is an exception and not the rule. The Quranic verse on bigamy states that: you may take one, two, three or four wives, provided that you do justice between them; and which you cannot do, so take just one wife.
Thus, while bigamy is permissible, there is a proviso added to it, the condition of equality. An example on equality is that if a man has four wives and he wants to give them apples, then it is not equality if he gives one Apple to each wife. Instead, he should cut the four apples in four pieces each and give one piece from every Apple to each wife. He has to spend equal amount of time with each wife, equal gifts, equal living quarters and so on. Not an easy provision. Therefore, the added clause "it is better to take just one".
Then the question is why make the provision at all if to make it so difficult? The reason behind is that in those days a number of wars were going on and there were number of war widows. Since, the women did not go out to work, it provided a mode of providing their sustenance and protecting them from the need to beg or becoming victim of abuse. In this case, bigamy helped in providing maintenance to the widow and her children.
Another reason was that if a woman was barren, her husband could have an heir by taking a second wife.
A third reason being that if a woman was ill and unable to perform her marital obligations and the husband was not willing to leave her, bigamy helped her husband to satisfy his needs.
However, for all these reasons, the first wife should be an active and consenting party to the marriage.  A man cannot take a second wife against the wishes of his first wife. And added above all was the quranic condition of equality.
Thus, bigamy under Muslim law is an exception to the general rule of monogamous marriages and it needs to be exercised very carefully.

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