Polygamy under Muslim law is not a general rule but an exception. Discuss.

Polygamy under Muslim law is not a general rule but an exception. Discuss. [JJS 2017]

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Answer

Marriage in Islam, or Nikah, is not a sacrament (as in Hinduism), but a civil contract between a man and a woman to live as husband and wife.

In Muslim Law, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Laws in India, a Muslim man can have up to 4 wives, but a woman can only have one husband at a time.

In India, polygamy in the Muslim Marriage Act under Islam has not been abolished but it is also not widely practiced and is often provided against by a special clause in the marriage contract by those who find it morally offensive. Both the parties to the contract of marriage may stipulate monogamy as a condition in their Nikahnama and, once signed by both, it requires the parties to not enter into any formal or informal marriage contract with another person.

The verse which allows polygamy was set out post the battle of Uhud in which many Muslim men were killed, leaving their widows and children for whom due care was incumbent upon the Muslim survivors 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.”

This verse implies a number of facts but mainly about discouragement of plural marriages:

• That polygamy is neither mandatory, nor encouraged, but merely permitted
• That permission to practice polygamy is not associated with mere satisfaction of passion. It is rather associated with compassion toward widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
• That even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other people at that time when many married as many as ten or more wives.
• That it is an obligation to treat one fairly with one’s wives in relation to providing basic amenities such as a house, food, clothing, and kind treatment. etc., for which the husband is fully responsible. If one is not sure of being able to deal justly with them, the Quran says: then (marry) only one.

Thus, it is correct to say that “polygamy” under Muslim law is not a general rule but an exception.