It is left to the societies and individuals , within the freedoms and prohibitions laid down by Islam, to regulate their conduct as they may desire. What is important to note is that it takes a woman, in addition to a man, to make a polygamous marriage; for no marriage in Islam can never take place without her consent. And the first wife can also claim a divorce if she cannot live with the situation. Hence it is entirely within the power of individuals virtually to eliminate polygamy without recourse to law.
Polygamy is permitted by the Qur'an; though it is not enjoined, as some people apparently believed. Justice is enjoined, as far as is humanly possible, otherwise one should remain monogamous. Thus, disadvantages of a polygamous marriage are recognized, but not to the extent of prohibiting it legally. This legal provision can be properly understood only in the context of Islam's position on two important issues, as already explained. Firstly, that the family is the cornerstone of human society and any extra-marital sex is completely prohibited. Married life is the most desirable way of life - Islam wants a woman to be a wife and never a mistress. Both man and woman have to make some sacrifice to make a success of family life. Secondly, Islam's law is for all times to come and should therefore, as far as is practical, cater for all possible social and individual situations. Legal provision, like a total ban on divorce or polygamy may indeed result in far more serious consequences than they may solve. Even in countries where polygamy is illegal, it may be argued, monogamy is fairly rare, so sex outside marriage is considered as polygamy, as it should be.
Polygamy is permitted by the Qur'an; though it is not enjoined, as some people apparently believed. Justice is enjoined, as far as is humanly possible, otherwise one should remain monogamous. Thus, disadvantages of a polygamous marriage are recognized, but not to the extent of prohibiting it legally. This legal provision can be properly understood only in the context of Islam's position on two important issues, as already explained. Firstly, that the family is the cornerstone of human society and any extra-marital sex is completely prohibited. Married life is the most desirable way of life - Islam wants a woman to be a wife and never a mistress. Both man and woman have to make some sacrifice to make a success of family life. Secondly, Islam's law is for all times to come and should therefore, as far as is practical, cater for all possible social and individual situations. Legal provision, like a total ban on divorce or polygamy may indeed result in far more serious consequences than they may solve. Even in countries where polygamy is illegal, it may be argued, monogamy is fairly rare, so sex outside marriage is considered as polygamy, as it should be.
From: Shariah: The way of Justice by Khurram Murad
