Brother Stunner I agree with you, you have mentioned the right approach. But what I have perceived about such people is that, they tend to avoid asking aalims, because of the reasons I have stated above.

(Wese we have an aalima called Last Island here on the forum.)

Islamic laws of evidence give women a staatus that is very low. Women can not be judge in hudood cases . evidence of two women is equal to one man. Whatever base wee provide for these laws it seems injustice to the status of women . Science has proved that intelligence of women is no less than men. Then why cant we make a woman judge?

One friends here on forum has given reasons for polygamy .What about a woman whose husband is weak in performing marital obligations? Should we allow polyandry ? What about a barren male having a wife? should his wife go for polyandry ?

Laws of inheritance have clear discrimination against women . The right to dissolove a marriage stays with men only , why is it so ?

A woman can not be guardian of her children . She can be custodian only till the age of 7 years . Are you using women as an object only whose responsibility is nothing more than giving children and other comforts to men. Islam allows of having sex with slave girls , Surat Alnoor of the Quran is to be consulted for referance .
There are many laws that do not conform to todays world . Islam has given us tools of Ijma and Ijthihad . There is no reason that we should not use these tools to amend our religion .

snake bhai ap abi tak hamaray gham mein ghul rahay hain.mein smjhi baat kal e khatam ho gayi.
Allah k her kaam mein maslehat hoti hai.Aurat judge is liye nae ban sakti kiun k wo emotional hoti hai.kisi ne zara riqqat aamaiz lehjay mein apna jurm bataya tou wo us se pehlay rona shuru ho jaye gi
Jesay society mein social stratification hoti hai.Koi high status rakhta hai aur koi low.Low status high status ki khidmat pe maamoor hota hai aur is baat ko tasleem b kerta hai k Allah ne sab ko aik sa rutba nae dia.Isi tarah aurat ko mard k liye paida kia gaya hai.us k haqooq bataye gaye.usay ghulam nae kaha.Us ko qadmon talay jannat rakh di.aur kia chhaye?Muaf kijiye ga hm Maghrib wali chalaki mein aana pasand nae karen gy jis ne aurat se us ki nasvaaniyat cheen li hai aur usay aik machine bana dia.apnay faiday k liye aurat ki aazadi ka parchaar kerna shuru ker dia.Unho ne tou Aazadi k naaray 17th/18th century mein lagaye aur Islam ne pehlay he hamen bohat tahafuzaat de diye thay.Ap apni hamdardiyan apnay paas rakhye..Hm kuch nae mangtay sirf "Izzat" aur "ehtaram"..ye do cheezen e de dijiye tou ap ka ehsaan ho ga.

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Quote:

Originally Posted by Farrah Zafar .Aurat judge is liye nae ban sakti kiun k wo emotional hoti hai.kisi ne zara riqqat aamaiz lehjay mein apna jurm bataya tou wo us se pehlay rona shuru ho jaye gi

I strongly disagree. don't underestimate your own gender.

On topic:

What is the Legal Status of Polygamy in Islam?

The Verse that allows polygamy "was revealed after the battle of Uhud in which many Muslims were killed, leaving widows and orphans for whom due care was incumbent upon the Muslim survivors."

The translation of the verse is as follows: "If you fear that you shall not be able to deal justly with the orphans, marry women of your choice, two, or three, or four; but if you fear that you shall not be able to deal justly (with them), then (marry) only one…" (Qur’an 4:3)

From this verse a number of facts are evident:

1 That polygamy is neither mandatory, nor encouraged, but merely permitted.

2 That the permission to practice polygamy is not associated with mere satisfaction of. Rather, it is associated with compassion towards widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.

3 That even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other peoples at that time when many married as many as ten or more wives.

4 That dealing justly with one’s wives is an obligation. This applies to housing, food, clothing, kind treatment…etc., for which the husband is fully responsible. If one is not sure of being able to deal justly with them, the Qur’an says: "then (marry) only one." (Qur’an 4:3)

This verse, when combined with another verse in the same chapter, shows some discouragement of such plural marriages. The other verse plainly states: "You are never able to be fair and just between women even if it is your ardent desire…" (Qur’an 4:129)

The requirement of justice rules out the fantasy that man can "own as many as he pleases." It also rules out the concept of a "secondary wife", for all wives have exactly the same status and are entitled to identical rights and claims over their husband. It also implies, according to the Islamic Law, that should the husband fail to provide enough support for any of his wives, she can go to court and ask for a divorce.

5 The verse says "marry," not kidnap, buy or seduce. What is "marriage" as understood in Islam? Marriage in Islam is a civil contract which is not valid unless both contracting parties consent to it. Thus, no wife can be forced or "given" to a husband who is already married.

It is thus a free choice of both parties. As to the first wife:

A She may be barren or ill and see in polygamy a better solution than divorce.

B She may divorce him (unilaterally) if he is married to a second wife provided that the nuptial contract gives her the right of unilateral divorce (ismah)

C She can go to court and ask for a divorce if there is evidence ofmistreatment or injustice inflicted upon her.

But if polygamy is discouraged and loaded with such constraints, could it have been better if the Qur’an simply forbade it? To answer this question, we may have to raise another one: Can Polygamy be a Better Solution in Some Cases?

Scholars in the past and at present, Muslims and Non-Muslims have consistently pointed out such cases. The following are a few examples, which are tied in with the general approach of Islam to individual and social problems.

A Individual Cases

1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heir. In a situation as this, then man would either have to:

- Suffer the deprivation of fatherhood for life.

- Divorce his barren wife and get married to another women who is not barren.

In many cases, neither solution can be considered as the best alternative. Polygamy would have the advantage of preserving the marital relationship without depriving the man of fathering children of his own.

2. A man whose wife becomes chronically ill would have one of possible alternatives:

- He may suppress his instinctive sexual needs for the rest of his life.

- He may divorce his sick wife at a time when she needs his compassion most, and get married to another woman, thus legally satisfying his instinctive needs.

- Or he could compromise by keeping his sick wife, and secretly take for himself one or more illicit sex partners.

Let us discuss these alternatives from the point of view of the Islamic Teaching. The first solution is against human nature. Islam recognises sex and sexual needs and provides legitimate means for their satisfaction. The second solution is clearly less compassionate; especially where there is love between two parties. Furthermore, divorce is described by the Prophet Muhammad (saw) as the "permitted thing that is hated most by God". The last solution is plainly against the Islamic teaching which forbids illicit sexual relationships in any form.

To sum up, Islam being against immorality, hypocritical pretence of morality, and against divorce unless no better solution is available, provides for a better alternative which is consistent with human nature and with the preservation of pure and legitimate sex relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is, after all, and optional solution.

B Social Cases

1. Anthropologists tell us that among various tribes and societies, polygamy

is a social and economic necessity. In some very poor areas, the infant mortality is very high. Children on the other hand, are a source of additional labour for the earning capacity of the family. To have more children under such circumstances would require the practice of polygamy. It is by this very reason that Christian missionaries in some African regions justified their permission to local people to practice polygamy without being excommunicated from the church. One researcher has even found, through his studies that women in such societies not only accept polygamy, but some of them even prefer this.

2. Aside from cases where womenoutnumber men, devastating wars, in the past and at present, have taken their toll mainly among men. The result is not simply more women who cannot find husbands, but even more widows who may aspire to a respectable family life. In such a situation, if polygamy is bad, the limitation on polygamy is even far worse.

Both unmarried women and widows are human beings. Unless their instinctive needs are legitimately satisfied, the

temptation is great for corruption and immorality. But aside from the moral question these women are also exploited. They are used as tools for men’s pleasures, yet have no guarantees, no rights or security, financial or emotional. Should they become pregnant, it is their burden alone. But even if such women are ready to pay the price for this personally, society also suffers seriously from such situations. The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s maladjusted and criminals. Furthermore it is inhuman, humiliating for those children to grow p without knowing who their fathers were and without enjoying a clean and normal family life.

One question remains:

Why Not Polyandry (plurality of husbands for the same women?)

It is evident that the nature of women is physiologically and psychologically different from that of men. Psychologically speaking, the woman is monogamous by her very nature. Furthermore, in all cultures, new and old, the headship of the family is normally man’s. One can imagine what would happen if the family had two or more heads. Furthermore, if the woman was married to more than one husband, which would be the father of her children?

Conclusion

It is now evident that the association of "polygamy" with Islam is not unfair or biased but based on serious misunderstanding. Polygamy was practiced, often without limitations, in almost all cultures. It was sanctioned by various religions, and practiced both before Islam and for many centuries thereafter. It is presently practiced, though secretly, by the Mormons, and it is allowed by Christian missionaries in Africa and other areas where polygamy is a social necessity.

It is both honest and accurate to say that it is Islam that regulated this practice, limited it, made it more humane, and instituted equal rights and status for all wives. What the Quranic decrees amount to, taken together, is a discouragement of polygamy unless necessity for it exists.

It is also evident that the general rule in Islam is monogamy and not polygamy. However, permission to practice limited polygamy is only consistent with Islam’s realistic view of the nature of man and women and of the various social needs, problems, and cultural variations.

The question is, however, far more than the inherent flexibility of Islam; it also is frank and straightforward approach of Islam in dealing with practical problems. Rather than requiring hypocritical and superficial compliance, Islam delves deeper into the problems of individuals and societies, and provides for legitimate and clean solutions that are far more beneficial than would be the case if they were ignored. There is no doubt that the second wife legally married and treated kindly is better off than a mistress without any legal rights or security. There is no doubt also that the legitimate child of a polygamous father, born in the "full light of the day, " and who enjoys all the rights and privileges of a son or daughter, is far better off than the wanted or unwanted illegitimate child (especially if it is a girl).

It is fair also to say that polygamy may be harmful in many respects. Islam, however, does not regard polygamy as a substitute for monogamy. Realising its disadvantages Islam allows it under strict conditions and when no better alternative is available. This is actually consistent with a general rule in Islamic Law, "The Lesser of Two Evils." This means that if a harm is certain, and if there is no way to avert such harm unless some other harm is done, then it is better to cause the lesser harm in order to avoid the greater. It is like a captain who gets rid of the ship’s freight in order to save the lives of the sailors.

This vitality, flexibility, and far-sightedness of the teachings of Islam cannot possibly be attributed to any man or group of men, including Prophet Muhammad (saw) himself. Its secret simply lies in its Divine Source, God Most High, who knows in entirety what human needs and problems are.

Man can reject the guidance of God, become his own god, and establish his own standards of morality. Ultimately, however, he may discover the mirage that alluded him. A few honest questions finally: What is the situation in countries that banned polygamy? Do they really enjoy sincere and faithful "monogamy"? What is the degree of cohesion of the family? Is there any significant number of mistresses, "sweethearts", and illegitimate children? How observant are married men and women of the strict "monogamous" relationship? Are infidelity and secret extramarital sexual relationships more moral than the legitimate, legally protected husband-wife relationships, even under polygamy if there is a pressing need for it? Which of the two situations is best? After all, Islam, by its nature, is a universal religion which is revealed by God to guide people in all places at all times.

This guidance can hardly be secured by avoiding issues and problems which are real, even as they are relevant to human life on earth with its diversity. Hypocrisy, apology, or burying one’s head in the sand are hardly realistic means of achieving righteous human life. They are not effective in achieving moral upliftment either.





Polygamy in Islamic Law

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