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Woman and her Rights
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Polygamy
Monogamy (Practice of being married to only one woman at a time) is
the most natural form of matrimony. The spirit of exclusive relationship
or individual and private ownership prevails in it, though this ownership
is different from that of wealth or property. In this system the husband
and wife each regard the feelings, sentiments and the sexual benefits of
the other, as exclusively belonging to him or to her.
The opposites of monogamy are polygamy (Custom of having more than one
wife at the same time) and sexual communism. The latter, in a sense, may
also be regarded as a form of polygamy.
SEXUAL COMMUNISM
Sexual communism means no exclusiveness. According to this theory, no
man should exclusively belong to any particular woman, nor should any woman
belong to any particular man. It amounts to complete negation of family
life. History and the theories related to pre-historical times do not point
to any period when man totally lacked family life and when sexual communism
prevailed. What is claimed to have existed among certain barbarian tribes
was a midway state between exclusive family life and sexual communism.
It is said that among certain tribes it was the usual practice that several
brothers jointly married several sisters, or several male members of a
clan jointly married several women of another clan.
Will Durant in his book, 'History of Culture', Vol 1, writes that at
certain places collective marriage was popular in the sense that several
male members of a clan jointly married several female members of another
clan. For example, it has been customary in Tibet that several brothers
have an equal number of sisters as their wives. Nobody knows which sister
is the wife of which brother. Every brother cohabits with any of the sisters
he likes. A sort of sexual communism exists there. A similar custom existed
in ancient England. The custom, which was prevalent among the Jews and
some other people of the past and, according to which, after the death
of a brother, another brother married his widow, was a remnant of this
ancient custom.
PLATO'S VIEW
It appears that, while enunciating his theory of 'philosopher-rulers',
Plato has suggested in his book, "The Republic", a sort of family socialism
for this class. Several leaders of communism in the 19th century also made
a similar suggestion, but, as reported by the author of the book, 'Freud
and the Prohibition of Consanguineous Marriage', after some bitter experiences,
several of the powerful communist countries officially recognised the law
of monogamy in 1938.
POLYANDRY
Another form of polygamy is polyandry, viz. a woman having more than
one husband at the same time. According to Will Durant this custom is found
among certain tribes of Tibet etc.
Al-Bukhari, in his famous corpus of traditions, as-Sahih, reports Ayesha
as having said that among the pre-Islamic Arabs there existed four kinds
of conjugal relations. One of them was the proper marriage that is still
being practised. In this form a man proposes to a girl through her father
and, after the fixation of dower, carries her. There can be no controversy
about the father of the children born in such a wedlock. There was another
kind of marriage, which was called 'istibza To procure a better
progeny for himself, the husband selected a man and asked his wife to allow
him to have access to her for a fixed period. He himself kept aloof till
the pregnancy of the woman. It was a marriage within a marriage and was
indulged in with a view to improving the breed. According to another custom,
a group of men consisting of less than ten people, established a liaison
with a particular woman. On becoming pregnant, she called all of them,
and, as the custom of the day was, they had to respond to her call. At
this time she selected one man as the father of her child out of those
who were willing to take that responsibility. The man, after being so chosen,
could not decline to accept the fatherhood of the child.
The fourth kind of conjugal relations was known as prostitution. The
prostitutes had a flag on the top of their houses. It served as their distinguishing
mark. Anybody could have access to these women. If such a woman gave birth
to a child, she called all those who had intimacy with her, and with the
help of a physiognomist, determined who was the father of the child. The
man concerned had to accept the decision of the physiognomist and to own
the child.
These were the forms of the conjugal relations which prevailed in pre-Islamic
Arabia. The Prophet abolished all of them, except the one which is practised
today.
This shows that the custom of polyandry existed among the pre-Islamic
Arabs also.
Montesquieu reports that the Arab globe-trotter, Abu Zahir al-Hasan,
found this custom in India and China during his visit to these countries
in the 9th century and regarded it as a form of debauchery. He also writes:
"On the coast of Malabar there lives a tribe called Nair. The male members
of this tribe cannot have more than one wife, but the women are allowed
to choose several husbands. Probably the reason is that the Nairs belong
to a martial race and their profession is fighting and hunting. Just as
we discourage the marriage of the soldiers in Europe so that it may not
interfere with their profession of fighting, the Malabar tribes have also
decided that, as far as possible, the male members of the Nair tribe should
be excused from shouldering family responsibilities. As, owing to the tropical
climate of the area, it is not possible to ban marriage totally, it has
been decided that several men should have only one wife, so that they may
not be heavily burdened with family responsibilities and their professional
efficiency may not be affected".
DEFECTS OF POLYANDRY
The main and the basic defect of the system of polyandry is that the
paternity of the children practically remains uncertain. In this system,
the relations between the child and the father are undetermined and that
is the reason why it has not been successful. As sexual communism 1L1~
not been able to take roots anywhere, this system also has not been
accepted by any society worthy of the name. As we have said earlier, the
family life, the building of a home for the future generation and the definite
connection between the past and the future generations are some of the
demands of the human instinct. The exceptional cases of the existence of
plurality of husbands among certain sections does not prove that the desire
of the formation of one's own family is not an instinct of man. Similarly,
perpetual celibacy or complete abstinence from conjugal life, as practised
by a number of men and women, is also a sort of deviation. Polyandry is
not only inconsistent with man's monopolistic nature and his paternal love,
but it is opposed to the nature of woman also. Psychological investigations
have proved that woman wants monogamy more than man.
POLYGAMY
Another form of polygamy is plurality of wives. It has been more commonly
and successfully practised than polyandry and sexual communism. It has
not only existed among the barbarian tribes, but has also been practised
by many civilised people. Apart from the Arabs, it has been practised by
the Jews, the Iranians of the Sasanian period and several other people.
Montesquieu says that in Malaya it was permissible to have three wives.
He also says that the Roman Emperor, Valentinian II, had, by an edict,
allowed the subjects of the Empire to marry several wives, but as this
law was not suited to the climate of Europe, it was repealed by other emperors
like Theodore etc.
ISLAM AND POLYGAMY
In contrast to polyandry, Islam has not totally abolished polygamy,
but has restricted it. On the one hand, it has fixed the maximum number
of wives, which one can have, at four, and, on the other, it has stipulated
certain conditions and has not allowed everyone to indulge in having several
wives. We shall discuss the conditions stipulated by Islam later and will
explain why Islam has not banned polygamy.
It is surprising that during the Middle Ages, when anti Islamic propaganda
was at its highest, the opponents of Islam used to say that it was the
Prophet of Islam who, for the first time, invented the custom of polygamy.
They claimed that this custom was the basis of Islam and the rapid spread
of Islam among the various people of the world was due to it. At the same
time, they claimed that polygamy was the cause of the decline of the people
of the East.
Will Durant in his 'History of Culture'. Vol.1, says that the ecclesiastics
of the Middle Ages believed that polygamy was an invention of the Prophet
of Islam, whereas this is not a fact. As we know, the matrimonial life
in most of the primitive societies proceeded according to this system.
There are many causes of its emergence. In the primitive societies men
were mostly busy in hunting and fighting and the rate of mortality among
them was naturally high. As the number of women exceeded the number of
men. it became essential to adopt this system. It was not possible to allow
some women to remain unmarried, for the rate of mortality being high in
the primitive societies, every woman was required to procreate children.
There is no doubt that this system suited those societies, not only because
of the excess of women over men, but also because it strengthened them
numerically. In modern times the most strong and healthy men usually marry
late in life and beget only a few children. But in the olden days the strong
men could have the best wives and could procreate a large number of children.
That is why this practice continued to exist for a very long time, not
only among the primitive people but even among the civilised ones. It is
only recently that it has gradually begun disappearing from the countries
of the East. Agriculture has stabilised the life of men and reduced the
hardships and perils of the ancient times, with the result that the number
of men and women has almost equalised. Now polygamy, even in primitive
societies, has become a privilege of a small wealthy minority and the masses
have to be content with only one wife and, as an additional enjoyment,
they can only indulge in adultery, whenever possible.
Gustav Leabeon in his book, 'History of Culture', says that no Eastern
custom is so infamous in Europe as polygamy, nor has Europe misjudged any
other custom to the extent that it has misjudged this. The European writers
have believed polygamy to be the basis of Islam and the main cause of its
spread. They also hold this custom to be mainly responsible for the decline
of the Eastern people. Other objections apart from these, showing sympathy
with the women of the East, are raised alleging that these ill-fated women
are detained within the four walls of their houses, under the hard-hearted
eunuchs. They further say that the slightest action on their part, which
may displease the head of the household, renders them liable to be put
to death. Such notions have no basis at all. '[he unbiased Europeans should
know that it is the custom of polygamy that has strengthened the family
relations and uplifted the moral spirit of those people among whom it is
prevalent. It is due to this custom that woman in the East enjoys more
respect than she does in Europe. Before proving this point, we must make
it clear that this custom is in no way related to Islam. Even prior to
Islam, it was practised by all the people of the East, including the Jews,
the Iranians, the Arabs etc. The people who embraced Islam in the East
did not derive any benefit in this respect. So far, no such mighty religion
has appeared in this world as could invent or abolish such a custom as
polygamy. It has not been first introduced by any religion. It is the creation
of the climatic and the racial characteristics and other causes related
to the way of life in the East. Even in the West, where the climate is
not congenial to the existence of such a custom, monogamy is a thing which
is found in law books only. In actual life there is no trace of it. It
is not known how and in what way the lawful polygamy found in the East
is inferior to the clandestine polygamy of the people of the West. Apparently,
the former is better and more dignified than the latter. The people of
the East, when they visit a European country and are confronted with the
European criticism of their custom, are naturally bewildered and feel offended.
It is a fact that Islam has not invented polygamy. It has only restricted
it. It has prescribed a maximum limit for it. It has laid down strict conditions
for it. This custom already existed among most of the people who accepted
Islam. They were only compelled to comply with the conditions laid down
by Islam.
In his book, 'Iran During the Sassanian Period', Christenson writes:
"Polygamy was considered to be the basis of the family. Practically, the
number of wives, which a man could have, depended on his means. The poor
people apparently could not afford to have more than one wife as a general
rule. The head of the family had special rights as such. One of the wives
was regarded as the favourite wife and enjoyed full rights. Some other
wives were treated as servants only. Legal rights of these two categories
widely differed. The slave girls were included among the servant wives.
It is not known how many favourite wives a single man could have. But there
has been a mention of two favourite wives in the course of several legal
discourses. Each of them was called the lady of the house. Apparently they
lived in separate houses. The husband was bound to maintain the favourite
wife so long as she lived. Every son till he reached the age of puberty,
and every daughter till she was married, had the same rights. But only
the male children of the servant-wives were admitted to the paternal family".
In the 'Social History of Iran from the fall of the Sassanians to the
fall of the Omayyads' the late Sa'id Nafisi writes: "The number of women
whom a man could marry was unlimited and at times it is observed in the
Greek documents that one man had hundreds of women in his house."
Montesquieu, quoting a Roman historian, says that several Roman philosophers,
who were being tortured by the Christians because they refused to embrace
Christianity, fled from Rome and took refuge in the court of the Iranian
King, Khusro Parviz. They were astonished to see that not only polygamy
was legal there, but the Persian men had intimacy with the wives of others
also.
It may be pointed out here that the Roman philosophers took refuge in
the court of the Persian king, Anushirwan, and not in the court of Khusro
Parviz. Montesquieu has mentioned the name of the latter owing to some
misunderstanding.
During the pre-Islamic period, the Arabs could have an unlimited number
of wives. It was Islam that prescribed a maximum limit. This naturally
created a problem for those who had more than four wives. In exceptional
circumstances, some had even ten. They had to part with six of them.
From the above it is evident that polygamy is not an invention of Islam.
Islam only restricted it. Anyhow, it did not abolish it totally. In the
following chapters we shall discuss the causes which gave rise to this
custom and shall explain why Islam did not do away with it. We shall also
discuss the reasons which in modern times have impelled both men and women
to rise against this custom.
HISTORICAL CAUSES OF POLYGAMY (I)
What are the historical and social causes of polygamy? Why have many
nations of the world, especially the Eastern nations, accepted this custom,
and why have other nations, such as the Western nations, never practised
it? How is it that out of the three forms of polygamy only plurality of
wives could gain considerable popularity? Polyandry and sexual communism
either have never been practised or have been practised rarely, and only
in exceptional cases.
Unless we look into these questions, we cannot discuss the question
of polygamy from the point of view of Islam, nor can we study it from the
viewpoint of modern human requirements.
If we do not take into consideration the ample social and psychological
studies made in this respect, we, too, may, like many superficial writers,
harp on the old tune and say that the causes of polygamy are obvious. That
is, this custom has come into existence as a result of the high-handedness
and the domination of man and the subjugation of woman. It is an outcome
of the patriarchal system. As man has dominated woman and has ruled over
her, he has given the laws and the customs a turn to his own benefit. That
is how he enforced this custom which is beneficial to him and harmful to
woman, and has been practising it for centuries. As woman was suppressed,
she could not put polyandry into practice. As now the age of the high-handedness
of man is over, the privilege of polygamy should, like many other false
privileges, make room for equal and reciprocal rights of man and woman.
This way of thinking is very superficial and puerile. Neither the cause
of polygamy is the oppression of man nor that of the failure of the polyandry
the suppression of woman. If the custom of polyandry has practically come
to an end, that is not because the age of man's high-handedness is over.
Man has lost no privilege; he has actually gained an advantage over woman.
We do not deny the factor of oppression as one of the factors which
give a particular turn to history. We also do not deny that man has, throughout
history, misused his domination over woman. But we believe that it is sheer
short-sightedness to explain family relations on the basis of the oppression
factor only.
If we admit this view, we must also admit that during the period when
polyandry was popular among the pre-Islamic Arabs or, as reported by Montesquieu,
among the Nairs on the Malabar coast, woman had got an opportunity to dominate
over man and impose polyandry over him. It also must be admitted that that
period was the golden period of woman. But we know for definite that the
pre-Islamic period of Arabia was one of the darkest periods in the life
of woman. Earlier we have quoted Montesquieu as saying that the custom
of polyandry among the Nairs was not due to the domination or respect of
woman, but was the result of the decision of society to keep the soldiers
free from the burden of family responsibilities.
Further, if patriarchy is responsible for polygamy, how is it that this
system did not gain popularity in the West? After all, the patriarchal
system is not confined to the East. Have the people of the West been, from
the beginning, pious Christians believing in the quality and reciprocity
between man and woman? Has the factor of domination worked to the benefit
of man in the East and for the promotion of justice in the West?
Till half a century ago, the Western woman was among the most unlucky
of the world. Even her own property was controlled by her husband. The
Europeans themselves admit that during the Middle Ages the position of
the Eastern woman was far better than that of her counterpart in the West.
Gustav Leabeon says that Islam, in its early days, gave the woman exactly
that position, which the European woman could get after a very long time;
that is, after the chivalry of the Arabs of Andolusia was transmitted to
Europe. Courteous behaviour towards woman is the main part of the chivalry
which the Europeans learnt from the Muslims. It was Islam, and not the
religion of Christ, as is believed by the common people, that enhanced
the position of woman. During the Middle Ages the chiefs and barons, though
Christians, never held woman in respect. A study of ancient history leaves
no doubt that the behaviour of the dukes and barons of Europe towards woman
was most barbaric.
Other European authors have also given a more or less similar description
of the position of women during the Middle Ages. Though patriarchy prevailed
in Europe during that period, polygamy could not become customary.
The fact is that neither polyandry (wherever it was practised) was ever
due to the power and domination of woman, nor was its ultimate failure
due to her weakness and suppression. Similarly, polygamy in the East is
neither due to the oppression and high-handedness of man, nor is it unpopular
in the West owing to the existence of equality between man and woman.
CAUSES OF THE FAILURE OF POLYANDRY
The main cause of the failure of polyandry is that it neither suits
man's nature nor woman's. It does not suit man's nature, because firstly,
it does not conform to his monopolistic spirit and, secondly, because it
is not in agreement with the principle that a father should be confident
of his paternity. It is human nature to have an attachment with one's children.
Every human being is, by nature, keen to beget children and wants that
his relationship with his past and future generations should be definite
and satisfactory. He wants to know whose son and whose father he is. Polyandry
does not agree with this instinct of man. On the other hand polygamy creates
no such problem, neither in the case of man nor in that of woman. It is
reported that once, about forty women came to Imam Ali (P) and asked him
why Islam had allowed men to have several wives, but had not allowed women
to have several husbands. They asked whether it was not a case of undue
discrimination.
Imam Ali (P) ordered some cups of water to be brought in and gave one
cup to each women. Then he ordered them to pour all the water into a big
utensil, which was placed in the middle of the room. When the order had
been carried out, he asked them to fill their cups again, but only with
the water which they originally contained. The women said that it was not
possible as the whole water had mixed. Imam Ali (P) said that if a woman
had several husbands, they would naturally have sexual connections with
her. If she became pregnant and gave birth to a child, it would not be
possible to determine as to who was the father of that child.
As far as woman is concerned, polyandry is neither in her interest nor
does it conform to her nature. Woman does not want a husband to satisfy
her sexual instinct only. Had it been so, it could be said: 'the more,
the better'. Woman wants a man whose heart she may control, who may be
her protector and defender, who may make sacrifices for her and who may
work hard and bring money for her. The money which a woman earns through
her own work and labour neither meets her requirements, nor has the same
value as that which is given to her by the man who loves her. A husband
meets the financial needs of his wife with the spirit of sacrifice. The
wife and the children are the best and the strongest incentive for man
to work.
In the case of polyandry woman cannot claim the love, devotion and sacrifice
of any man. That is why, like prostitution, it has always been abominable
to woman. Hence, polyandry neither conforms to the wants and the leanings
of man, nor to those of woman.
FAILURE OF SEXUAL COMMUNISM
In the case of sexual communism, neither a man can align himself with
any particular woman, nor can a woman with any particular man, and that
is the reason why it could never become popular. It was proposed by Plato
who limited its scope to the ruling class or the 'philosopher-rulers'.
But his suggestion was not liked by others, and he himself had to revise
his opinion.
During the past century, Frederick Engels, the second father of communism,
put forward this idea and strongly advocated it. But it was not accepted
by the communist world. It is said that the Soviet Union tried to implement
the family theory of Engels, but following some bitter experience had ultimately
to recognise monogamy as the official policy.
Polygamy may be regarded as a matter of pride for man, but polyandry
has never been and will never be a matter of pride for woman. The reason
is that man wants the body of woman and woman wants the heart of man. So
long as man controls the body of woman, it is immaterial for him if he
loses her heart. That is why man attaches no importance to the fact that,
in the case of polygamy, he is deprived of the love and devotional sentiments
of woman, But for woman the main and the most important thing is man's
heart and his sentiments. If she loses them, she loses everything.
In other words, there are two important elements of matrimonial life,
one material and the other sentimental. The material element of matrimony
is its sexual aspect, which is at its height during youth and gradually
declines afterwards. The sentimental element consists of mutual tender
feelings and earnest devotion. It grows and becomes stronger with the passage
of time. The nature of woman being different from that of man, she attaches
more importance to the sentimental aspect of matrimony. But for man either
the material aspect is more important or, at least, both the aspects are
of equal importance.
We quoted earlier a lady psychologist who is of the view that woman
has a mental disposition of her own. The child develops and grows in her
womb and is nursed on her lap. She badly needs the devotion and attachment
of her husband in the capacity of the child's father. Even the amount of
her own affection and love for her children is directly in proportion to
the amount of the love shown to her by their father, Only monogamy can
meet this requirement.
It is a grave mistake to compare polyandry with polygamy and to say
that there is no difference between them. It is also wrong to say that
polygamy became popular in certain parts of the world, because man belonged
to the stronger sex, and polyandry could not do so, because woman belonged
to the weaker sex.
A contemporary writer, who happens to be a woman, says:
"We can say that as man can have four wives, woman also should have
a similar right, for both are human beings. This logical conclusion is
most appalling to men. They are enraged on hearing such an argument and
shout: "How can a woman have more than one husband?" In reply we quietly
say: "How can a man have more than one wife?"
She further says: "We do not want to promote immorality or to belittle
the importance of chastity. We only want to make men understand that the
views held by them, about women, are not based on any solid ground. Man
and woman are equal as human beings. If man has the right to have four
wives, woman also must have the same right. Even if it is granted that
woman is not intellectually superior to man, it is certain that spiritually
and mentally she is not weaker than he is."
As you might have observed, the above statement makes no distinction
between polyandry and polygamy, except that man being the stronger sex
has adopted polygamy to his own advantage, and woman being the weaker sex
could not do so.
The above writer further says that man regards woman as his property,
and that is why he wants to have several wives. In other words, he thus
wants to acquire as much property as practicable. Woman, being in the position
of a slave, cannot have more than one master.
Contrary to the views of this writer, the fact that the system of polyandry
has never been accepted by any large section of people proves that man
does not regard his wife as his property, for, as far as property is concerned,
it is a common practice all over the world to own it jointly and to be
benefited by it jointly. Had man considered woman to be his property, he
certainly would have had no objection to sharing it with others. There
is no law in the world, restricting the ownership of a property to one
owner only.
It is said that the husband is one individual and the wife is another
individual. They should have equal rights. Why should the husband have
the right of enjoying polygamy and why should the wife not have the right
of enjoying polyandry?"
We say, here lies the mistake. You presume that polygamy is a part of
the rights of the husband and polyandry a part of the rights of the wife.
The fact is that polygamy is a part of woman's rights and polyandry is
neither a part of man's rights nor of woman's rights. It is against the
interests of man and woman both. We shall prove later that the system of
polygamy has been laid down by Islam with a view to safeguarding the interests
of woman. Had the intention been to be partial to man, Islam could have
allowed the husband to have extra-marital affairs with a woman other than
his wife and would have laid no responsibility on him with regard to his
legal wife and legal children.
Polyandry has never been in the interests of woman. It is not a right
of which she has been deprived.
The writer whose views we have quoted has said: "We want to make men
understand that the views held by them about women are not based on any
solid ground".
Coincidentally, that is what we also want to do. In the following chapters
we propose to explain the basis of the Islamic views regarding polygamy.
We invite all thinking people to look into it and see if the Islamic
views are, or are not, based on any solid ground. We give our word of honour
that we shall withdraw all what we have said, if it is proved by anybody
that the basis of the Islamic viewpoint is defective.
HISTORICAL CAUSES OF POLYGAMY (II)
Man's lust for indulgence in sensual pleasure and his unrestricted domination
alone are not a sufficient cause for the emergence of polygamy. There must
be some other contributory causes also for a licentious man to satisfy
his taste for variety. It is easier and less cumbersome to indulge in free
love instead of having a woman of his choice as his legal wife and shouldering
the responsibility of the maintenance of her possible future children.
Plurality of wives gains popularity only in the societies where there are
moral and social restrictions on free love and a voluptuary has to pay
the price of seeking variety by accepting the woman concerned as his legal
wife and by shouldering the responsibility of fatherhood of her children.
Now let us see whether there is any contribution of geographical, economic
or social factors in this respect.
GEOGRAPHICAL FACTORS
Montesquieu and Gustav Leobeon insist that climatic conditions are the
main cause of the development of polygamy. These intellectuals believe
that the climate of the East is such that this custom is inevitable there.
In the Eastern countries puberty and old age in females commence earlier
and, therefore, a man requires a second and a third wife. Moreover, they
think that one woman cannot satisfy the sexual needs of a man brought up
in the Eastern climate.
Gustav Leobeon in his book, History of Islamic and Arab culture says:
"The custom of polygamy was not introduced by religion. It is an outcome
of the climatic conditions, the racial characteristics and other causes
related to life in the East. It needs not be emphasised that these are
very strong and effective factors. Furthermore, their physical and temperamental
traits, their nursing of children and their ailments and diseases often
force the women of the East to keep themselves aloof from their husbands.
As the climatic conditions and the national characteristics of men in the
East are such that they cannot bear even temporary separation, polygamy
has become customary".
Montesquieu in his book, the Spirit of Law says: 'In tropical countries
women attain puberty at the age of eight, nine or ten years and after being
married, soon become pregnant. It may be said that in tropical countries,
pregnancy immediately follows marriage".
Predo, giving an account of the life of the Prophet of Islam, states
that he married Khadijah, at the age of five and consummated the marriage
at the age of eight. Because of a very early marriage, women in the tropics
become old at the age of twenty. He says that before they become mature,
they are already old. In the countries having a temperate climate women
retain their charm and beauty for a long time. They attain puberty at a
later age and they are more mature and experienced at the time of their
marriage. They have children at a comparatively advanced age and the husband
and the wife become old almost at the same time. That is how equality between
man and woman is established and men do not need to have more than one
wife.
Thus it is because of the climatic conditions that the law prohibits
polygamy in Europe and allows it in Asia.
The above explanation is in no way correct. The custom of polygamy is
not confined to tropical regions in the East. During the pre-Islamic period
this custom was common in Iran, where the climate is temperate. It is purely
fictitious to say that in the tropics, women get old at the age of twenty,
as alleged by Montesquieu. It is even more fantastic to say that the Prophet
of Islam, married Khadijah at the age of five and consummated it at the
age of eight. Everyone knows that at the time of their marriage Khadijah
was forty and the Prophet was twenty -five.
Secondly, if it is accepted that the early onset of old age in women
and the intense virility in men are the causes of this custom, why did
the people of the East not adopt the practice of free love and debauchery,
as the people of the West did both during the Middle Ages and in the modern
times. In the West, as Gustav Leabeon has pointed out, monogamy is found
only in the legal books and there is no trace of it in daily life.
Again, in the East polygamy exists in its legal form. The man has to
accept the woman as his legal wife and has to bear the responsibility of
her children. In the West, it exists in an illegal and clandestine form.
Man indulges in free love and escapes all matrimonial responsibility.
POLYGAMY IN THE WEST
We deem it necessary to give a brief account of polygamy in Europe during
the Middle Ages, as described by an eminent Western historian. This account
should convince those who criticise the East for polygamy that in spite
of all its defects it is much more dignified than what existed in Europe.
Will Durant in his book, History of Civilization, vol.17, gives an interesting
account of the state of morality in Italy during the renaissance. We give
below a summary of what he has said under the heading 'Morals in Sexual
Relations'.
In the course of his brief introduction he says that before describing
the morals of the laity it may be pointed out that by nature man is polygamous.
Only strict moral restrictions, an adequate amount of hard work and poverty,
and a continuous vigilance of the wife can compel him to maintain monogamy.
Then he says that adultery was not uncommon during the Middle Ages,
prior to the Renaissance. As during the Middle Ages the guilt of adultery
was extenuated by chivalry, similarly, during the Renaissance period, it
was watered down among the educated classes by the craving for the polished
manners and the refined spirit of the females. Girls belonging to respectable
families were, to a certain extent, kept segregated from the males not
connected with their own family and were taught the merits of pre -marital
chastity. Sometimes these instructions were exceptionally effective. It
is reported that a young woman, after being assaulted, drowned herself.
That must have been an exceptional case, because a bishop took the trouble
of installing her statue after her death to commemorate her chastity.
The number of pre-marital affairs must have been considerable, because
there were innumerable children born of illegitimate relations in every
town of Italy. It was a matter of pride not to have an illegitimate child,
but to have one was not a matter of shame. Usually a husband persuaded
his wife at the time of the marriage to bring her illegitimate child with
her, to be brought up along with his children. Illegitimacy was not a slur
on the reputation of anyone. Furthermore, a certificate of legitimacy could
easily be obtained by bribing a clergyman. In the absence of other lawful
or eligible heirs, an illegitimate son could inherit property and even
a crown, as Frante-I, succeeded Alfonso-I, King of Naples. When in 1459
Pius-II came to Bavaria, he was received by seven princes, all of whom
were illegitimate. Rivalry between the legitimate and illegitimate sons
was an important cause of a long series of commotions during the Renaissance
period. As far as homosexuality is concerned, it was only a revival of
the ancient Greek tradition.
San Bernardino found this sort of perversion so common in Naples that
he thought it to be threatened with the fate of Sodom. Artino found the
perversion equally prevalent in Rome. The same thing can be said about
prostitution. In 1490, out of a total population of 90,000, there were
6,800 registered prostitutes in Rome. Of course, this figure does not include
clandestine and unofficial prostitutes. According to the statistics of
1509, out of a population of 300,000 of that city, there were 11,654 prostitutes.
In the 15th century, a girl who had reached the age of 15 without having
a husband, was regarded as a slur on the fair name of her family. In the
16th century, the 'age of disgrace' was extended up to 17 years, to enable
the girls to receive higher education. Men, who enjoyed all the facilities
provided by widespread prostitution, were attracted to marriage only if
the woman concerned promised to bring a considerable dowry. According to
the system of the Middle Ages, husband and wife were expected to love each
other and share each other's joy and grief. Apparently in many cases this
expectation came true, but still adultery was rampant. Most of the marriages
of the upper classes were diplomatic unions contracted for political and
economic gains. Many husbands regarded it as their right to have a mistress.
The wife might feel dejected, but usually connived at the situation.
Among the middle classes, some people thought that adultery was a lawful
pastime. Machiavelli and his friends apparently did not feel uneasy about
the stories of their unfaithfulness which they exchanged with each other.
When in such cases, the wife followed the example of her husband to wreak
vengeance upon him, he usually connived at her behaviour and did not feel
jealous or perturbed.
This was a specimen of the life of the people who regard polygamy as
an unpardonable crime of the East and have occasionally blamed its climate
for this supposedly inhuman custom. As far as their own climate is concerned,
it does not allow them to be unfaithful to the wives and to exceed the
limits of monogamy!
By the way, it should be remembered that the absence of lawful polygamy
among the Europeans, whether good or bad, has nothing to do with the religion
of Christ, who never prohibited it. On the other hand, it confirms the
rules of the old Testament, which expressly recognise polygamy. Thus we
can say that, in fact, the religion of Christ allows polygamy, and the
ancient Christians have actually practised it. Hence, the legal abstinence
of the Europeans from it must have some other reason or reasons.
MENSES
Some others attribute polygamy to woman's menstrual periods and her
aversion to sex during that time as well as to her exhaustion after child-birth
and her desire to avoid sexual intercourse during the nursing period.
Will Durant says that in the primitive societies women grow old quickly.
That is why, in order to be able to nurse their children for a longer period,
to lengthen the interval between their own pregnancies, without interrupting
the husband's desire to have children, and to enable him to satisfy his
sexual urge, they encourage their husbands to have a new wife. It has been
often observed that the first wife, with a view to making her own burden
lighter, has persuaded her husband to contract another marriage in order
to have more children and to acquire more wealth.
There is no doubt that woman's menstrual periods and her exhaustion
as the result of child-bearing place man and woman, sexually, in dissimilar
positions.
These reasons often make men turn to another woman, but they alone cannot
be a sufficient cause of polygamy, unless there exists some social or moral
impediment preventing man from indulging in free love. The above factors
can be effective only when man is not free in the pursuit of his sexual
desires.
LIMITATION OF THE PERIOD OF FECUNDITY IN FEMALES
Some believe that the limitation of the period of fecundity of a woman
and her menopause, are one of the causes which gave rise to polygamy, for
it may happen that a woman reaches this age without being able to bear
enough number of children. It is also possible that her children may have
died.
In such cases, if the husband does not like to divorce his first wife
and at the same time wants to have more children, he has no alternative
but to have a second, or sometimes even a third wife. Similarly, the sterility
of the first wife may be another reason for the husband in contracting
a second marriage.
ECONOMIC FACTORS
Some economic factors have also been mentioned as the cause of polygamy.
It is said that in ancient times, several wives and a large number of children
were regarded as an economic asset. Man extracted work from his wife and
children and treated them like slaves. Sometimes he even sold them out.
Most of the slaves were not captured in battles, but were sold by their
fathers.
This may be a cause of polygamy, because man can have children only
by accepting the woman as his legal wife. Free love cannot ensure this
advantage. Anyhow, this cause cannot explain all the cases of polygamy.
Some primitive people had several wives with this idea. But that was
not the case with all the people. In the ancient world polygamy was customary
among the classes which lived with dignity and decorum. The kings, the
princes, the chiefs, the divines and the merchants had several wives.
As we know, these classes never exploited economically their wives and
children.
NUMBER OF MEMBERS OF A FAMILY
Interest in the numerical increase of the children and the expansion
of the family has been another cause of polygamy. The position of a man
and a woman with regard to the number of children each of them can have
is different. The number of children a woman can bear is very limited,
whether she has one husband or several husbands. But the number of children
which a man can beget depends on the number of women he has at his disposal.
It is theoretically possible that a man may have thousands of children
by hundreds of wives. Unlike the modern world, in the ancient world the
number of family members was counted as an important social factor. The
tribes and the clans did all they could to increase their numbers It was
a matter of pride for the ancient people to have a large tribe. It is obvious
that polygamy was the only means of achieving that end.
NUMERICAL SUPERIORITY
The last and the most important factor, which has contributed to the
emergence of the custom of polygamy, is that women have always outnumbered
men. It is not that the birth-rate of females is greater than that of males.
If occasionally in certain places more females are born, in other places
more males are born. But still the number of the women eligible for marriage
is always higher than the number of men so eligible. The reason is that
the mortality rate among men has always been higher. It is possible that,
in case monogamy is enforced strictly, a large number of women will go
without having legal husbands, legal children and a household life.
There can be no doubt that at least in the primitive societies this
was the position. We have already quoted Will Durant, who says that in
primitive societies the life of man was constantly in danger because he
was always busy with hunting and fighting, and that is why the rate of
mortality among men was higher than among women. As the number of women
increased, there were only two alternatives: either to adopt polygamy or
to force a large number of women to pass their entire life as spinsters.
RECAPITULATION
We have described above all the causes which can be presumed to be the
source of polygamy. As you must have observed, some of these causes such
as climate are actually no causes at all. Hence we ignore them. Other causes
can be classified into three categories. The first category includes those
causes which might have been effective in persuading man to adopt polygamy,
but they provide no justification for his action. They have an aspect of
oppression, high-handedness and cruelty. The economic causes come under
this category.
It is evident that the sale of children is one of the most cruel and
barbaric human acts. To resort to polygamy for this purpose is as unlawful
as this act itself.
The second category includes those causes which may be regarded as a
justification as far as the husband or society is concerned. Sterility
of the first wife, her reaching the age of menopause while the husband
still requires a child or the need of a large body of people by the tribe
or the country, are such causes. As a general rule, all causes, which emanate
from the dissimilarity between husband and wife as regards their sexual
needs or procreation power, have a justifying aspect.
The third category consists of a cause which, if it is admitted that
it ever existed or still exists, not only provides a justification for
polygamy, but also makes it obligatory. In this case, polygamy is a woman's
right which man and the society must discharge. This cause is the numerical
superiority of women over men. In case the number of women eligible for
marriage is larger than the number of such men, polygamy becomes an obligation
of men and a right of woman, for, in the case of legally enforced monogamy,
a number of women are bound to be deprived of their right of family life.
The right of marriage is a basic human right and no one can be deprived
of it under any pretext. Society cannot take any action which may deprive
a section of the people of this right.
The right of marriage is as natural a right as the right of freedom,
the right to work and the right to get food, shelter and education. Hence,
the law of monogamy is repugnant to the natural human rights in the case
of the existence of a larger number of women eligible for marriage than
the number of available men.
This, at least, has been the case in the past. In the next chapter we
shall see whether there still exist circumstances which not only justify
polygamy, but also create a woman's right to it. And if such circumstances
do exist what is the position of this right vis-a-vis the right of the
first wife?
RIGHT OF WOMAN IN "MORE-THAN-ONE" MARRIAGE
We have explained the causes of the failure of polyandry and the prevailing
of polygamy and have shown that multifarious causes have contributed to
the origin of the latter custom. Some of the causes originated from the
man's spirit of oppression and domination and others from the disparity
between man and woman as regards the duration of their power or procreation
and the number of children which each of them can beget. The latter type
of causes can be regarded as a justification for polygamy. But its main
cause, throughout history has been the numerical superiority of women eligible
for marriage over such men. This cause leads to the creation of a right
of woman and an obligation of man.
To avoid a lengthy discussion, we skip over those causes which can be
regarded merely as a justification for polygamy and confine our attention
to its main cause which, when in existence, turns it into a right of the
fair sex.
To prove the case two preliminary points have to be established. First
it is to be proved that according to the reliable statistics the women
eligible for marriage actually outnumber such men. The second point to
be proved is that the actual existence of circumstances creates a right
which married men and women owe to the women who have been deprived of
marriage.
As for the first point, fortunately almost authentic statistics exist
in the modern world. A census is taken in every country periodically. In
the advanced countries not only are the total figures of males and females
collected, but the number of men and women in various age groups is also
shown. These figures are regularly published by the United Nations in its
annual reports on world population.(We have before us the 1964 report,
republished in 1965.)
It may be pointed out that for our purpose it is not enough to know
the total number of males and females in any given country. Simultaneously,
we should also know the ratio between the number of men and the number
of women eligible for marriage. In most cases this ratio is different from
that which exists between the total population of males and the total population
of females. There are two reasons for this difference. One is that the
onset of puberty in females is earlier. That is why in most countries the
legal age of consent in the case of girls is lower than in the case of
boys. Practically in most of the countries of the world the husband is
on an average five years older than the wife.
The other and the more important reason is that the mortality rate among
the boys is higher than among the girls, with the result that during the
marriageable age the balance between them is upset. Sometimes the disparity
becomes very marked. It may be that the total number of males and females
in a country is almost equal, or even the number of males is higher, but
still the girls of marriageable age far exceed the boys of the corresponding
age group.
The United Nations Population Report for the year 1964 bears witness
to this fact.
For instance, according to this report, the total population of the
Republic of Korea is 26,277,635 people. Out of this total 13,145,289 are
males and 13,132,346 are females. Thus the number of males is 12,943 more
than that of females. This ratio is maintained in the children of less
than one year, of 1 to 4 years, of 5 to 9 years, of 12 to 14 years and
of 15 to 19 years.
Statistics show that in all these age groups the number of males is
larger than that of females. But in the age group of 20 to 24, the ratio
changes. In this age group the total number of males is 1,083,364 and the
total number of females is 1,110,051. In all the higher age groups, which
are the groups of marriageable age, the number of females is greater.
Still the case of the Republic of Korea, where the total number of males
is greater than females, is exceptional. In almost all other countries,
not only in marriageable age groups but also in the total population, the
females outnumber the males. For instance, the total population of the
Soviet Union, is 216,101,000 and out of this total 97,840,000 are males
and 118,261,000 are females. This disparity is maintained throughout all
age groups, pre-marriageable as well as marriageable, that is from 20 years
to 24 years, from 25 years to 29 years, from 30 years to 34 years and even
from 80 years to 84 years.
The same is the case with other countries, such as England, France,
West Germany, East Germany, Czechoslovakia, Poland, Rumania, Hungary, U.S.A.,
Japan etc. Of course at certain places, such as West Berlin and East Berlin,
the disparity between the number of males and the number of females is
abnormally large.
In India, in the marriageable age group the number of men exceeds the
number of women. Only in the age group of 50 and above, the number of women
is greater. Apparently the supposed paucity of women is due to the fact
that many people in that country do not like to mention the names of their
young wives and young daughters at the time of census.
According to the figures of the last census, Iran is one of the exceptional
countries, where the number of males exceeds the number of females.
It is surprising that some critics insist that the law allowing polygamy
should be abolished at least in those countries where the number of men
exceeds the number of women. In the first instance, this law is universal.
It is not meant for any particular country. Secondly it is not enough to
know the ratio of males and females in the total population. We have seen
that in the Republic of Korea, though the number of males is greater in
the total population, there are more females in the marriageable age group.
Furthermore, the census figures are not very reliable in many countries.
For example, we know for definite that though polygamy has been customary
in Iran, both in the urban and the rural areas, yet never has a shortage
of would-be brides been felt there. This fact speaks better than the census
figures.
Ashley Montague, in his book, 'Woman the Superior Sex', admits that
throughout the world the number of women in the marriageable age exceeds
the number of men.
The statistics of 1950 show that the number of women of marriageable
age in America exceeded the number of men by about one million four hundred
and thirty thousand.
Bertrand Russell in his book, 'Marriage and Morality' says that, in
the present day England, more than two million women exceed men. According
to the custom they should forever remain childless, which is a big privation
for them.
Some years ago a news item appeared in the press. It said that following
much pressure by those German women, who were unable to get husbands and
family life, because of the huge German casualties in the Second World
War, the German Government had approached Al-Azhar University to provide
it with the formula of polygamy. Later it was learnt that following serious
opposition by the Church the proposal had to be dropped. The Church preferred
the privation of women and the spread of licentiousness to the system of
polygamy, because this system is Eastern and Islamic.
WHY ARE THERE MORE WOMEN OF MARRIAGEABLE AGE THAN MEN?
Though the birth rate of girls is not higher than that of boys, yet
there are more women of marriageable age than men. The reason is clear.
The mortality rate of men is higher. Deaths usually occur at the age when
man should normally be the head of a family. If we take into consideration
the deaths which occur following accidents such as, wars, drowning, falls,
motor collisions etc. we shall find that most of the victims are men.
It is seldom found that woman is among the victims. Whether it is a
case of a clash between human beings or between man and nature, most of
the victims are male adults To know why the balance between men and women
of marriageable age is upset it is enough to realise that since the beginning
of human history there has not been a single day when wars have not been
waged and men have not perished.
The casualties resulting from wars in the industrial age are a hundred
times more than those which occurred in the hunting age or in the age of
agriculture. During the last World War, the casualties numbered about seven
million. You will agree with us if you calculate the casualties of the
regional wars in the Far East, the Middle East and Africa during the past
decade only.
Will Durant says that several factors have contributed to the decline
of this custom (polygamy). Stable agricultural life has lessened the hardships
and perils of the life of men, with the result that the number of men and
women has almost equalised.
What Will Durant has said is quite amazing. Had the losses of human
life been confined to the struggle of men against nature, there would have
been a difference between the hunting age and the agricultural age. But
the wars have taken a greater toll of men's lives and the number of war
casualties has not gone down in any age. Further, the main reason why women
have suffered less casualties is that men have always protected them and
have themselves shouldered the most dangerous jobs. Thus like the hunting
age disequilibrium has continued during the agricultural age also.
Will Durant has not uttered a word about the industrial age, though
this is the period which has witnessed the greatest killings of men and
during which the balance has been badly upset.
WOMAN HAS A GREATER POWER OF RESISTANCE AGAINST DISEASES
It has been lately discovered that man possesses lesser power of resistance
against disease than women. This is another reason why the mortality rate
among men is higher.
Some years ago, the French Bureau of Statistics reported that in France,
105 boys were born against every 100 girls and the number of women exceeded
the number of men by one million, seven hundred and fifty-eight thousand.
It attributed the difference to the female power of resistance against
disease.
Not long ago an article was published in the illustrated UNESCO magazine,
Courier. According to this article, woman is intellectually superior to
man. Her average longevity is more. Usually she is healthier than man and
has a greater power of resistance against disease. She is cured earlier.
Against one stammering woman there are five stammering men. Against one
colour-blind woman there are 16 colour-blind men. Haemorrhage is almost
confined to men. Women are more immune against accidents. During the last
World War it was proved that, in similar circumstances, woman could bear
the hardships of blockades, prisons and concentration camps better than
man. Almost in all countries the cases of suicide by men are three times
those by women.
Ashley Montague has mentioned his theory of woman's greater power of
resistance against disease in his book, 'Woman - the Superior Sex'.
If by chance one day man decides to wreak his vengeance upon woman and
succeeds in plunging her into the most dangerous and fatal jobs or pushes
her into the battlefield to face the guns and the bombs, even then the
balance between men and women will not be restored, because she has a greater
power of resistance against disease.
This much is about the first point viz. numerical superiority of the
women of marriageable age over the men of marriageable age. We know that
this superiority is an actual fact. We also know its causes. And its cause
or causes from the beginning of the human history do exist even now.
RIGHT OF WOMAN IN POLYGAMY
The second point is that the numerical majority of women of marriageable
age not only creates a right for them but also an obligation for men and
married women.
There is no denying the fact that marriage is one of the most natural
and most basic rights of human beings. Everybody, whether man or woman,
has the right to lead a family life and have children. This right is similar
to that of doing work, having a house, receiving education, utilising the
health services and enjoying freedom and security.
It is the duty of the society not to place any obstacles in the way
of the enjoyment of this right. On the other hand, it should provide all
possible facilities for this purpose.
In our opinion it is a big drawback of the Universal Declaration of
Human Rights that it has not paid any attention to this right. It has recognised
the right of liberty and security, the right of approaching competent national
tribunals, the right of having a nationality and changing it, the right
to marry without any limitation of race or religion, the right to own property,
the right to form an assembly, and the right of rest and leisure, but it
does not mention the right of leading a legal family life.
For a woman this right is of utmost importance, for she needs a family
life more than a man. As we have already said, to a man the material aspect
of marriage is more important and to a woman its spiritual and sentimental
aspect. If man has no family, he can at least partially fulfil his needs
by indulging in free love and debauchery. But to a woman a family has a
greater importance. Debauchery cannot even partially fulfil her material
and sentimental needs.
To a man the right of having a family means the right to satisfy his
lust, the right to have a partner in life and the right to have legal children.
But to a woman it also means the right to have a protector and patron and
the one from whom she may draw moral support.
After the establishment of the two premises, viz. the number of women
eligible for marriage is larger than the number of men and it is a natural
human right to have a family life, it is easy to draw the conclusion that
if monogamy is regarded as the only legal form of marriage, a large number
of women are bound to be deprived of their natural right, and it is only
polygamy, which of course with specific conditions, can restore it.
It is the duty of liberal-minded Muslim women that they, in the name
of defending the just rights of women at large, in the name of protecting
morality and in the name of protecting the human race, call upon the U.N.
Commission for Human Rights to recognise officially the Islamic system
of plurality of wives as a human right, and thus render a great service
to the fair sex and to morality. The fact that a formula has come from
the East and the West has to follow it, should not be regarded as a sin.
RUSSELL'S THEORY
As pointed out earlier, Bertrand Russell was conscious of the fact that
in the case of monogamy being the sole form of marriage, a large number
of women are to be deprived of their right. He has suggested a very simple
solution to the problem. He wanted women to be allowed to entice men and
bear father-less children. As the father usually supports the children,
the government should take his place and give a subsidy to the unmarried
mothers.
Russell says that at present, in Britain, there are more than two million
surplus women who cannot ever hope to have children because of the law
of monogamy. This is a big privation. He says that the system of monogamy
is based on the presumption of approximate numerical equality between men
and women, but where no such equality exists it gives a raw deal to those
women who, in accordance with mathematical law, are doomed to remain unmarried.
Anyhow, if it is desired to increase the population, such a raw deal is
not even in the public interest, let alone in the private interest.
This is the solution of this social problem, as suggested by a great
philosopher of the 20th century. But, according to Islam, the whole problem
is solved if an adequate number of men having the necessary financial,
moral and physical qualifications agree to bear the responsibility of more
than one legal wife showing no distinction between her and his first wife
and between the children by both of them. The first wife should accept
the second one cheerfully with the spirit of doing a social duty, which
is most necessary and the best form of morality.
Contrary to the Islamic mode of thinking, this philosopher advises the
deprived women to steal the husbands of other women and call upon the government
to support the children born of such illicit connections.
It appears that this philosopher of the 20th century maintains that
woman needs marriage only for three reasons:
to satisfy her sexual needs, to get children and to meet her economic
requirements. The first two needs can be met on the sly. As for the third
one, it should be looked after by the government. He forgets that woman
also has some sentimental needs. She wants that she should be under the
protection of a loving husband and that her contact with him should not
be merely of a sexual nature. Another point to which this philosopher attaches
no importance, is the position of the children born of illicit connections.
Every child needs well-recognised parents and their sincere love and affection.
Experience has shown that the mother seldom shows affection to that child
of hers whose father is not known. How can the lack of this love be compensated?
Can the government do anything in this respect?
Lord Russell regrets that a large number of women will have to remain
childless unless his proposal is given a legal form. But he should have
known that the British women cannot wait for any law. They themselves have
already solved the problem of maidenhood and the fatherless child.
In the annual report for 1958, prepared by Dr. Z.A. Scott, head of the
Medical Department of the London Council, it was pointed out that out of
every ten children born in the previous year one was illegitimate. The
report further said that illegitimate births were constantly on the increase.
The figures of illegitimate births shot up from 33,838 in 1957 to 53,433
in the following year.
It appears that the British people have solved their problem without
waiting for the enactment of Lord Russell's suggestion.
POLYGAMY PROHIBITED, HOMOSEXUALITY PERMITTED!
The British Government instead of acting upon the advice of Lord Russell
and solving the problem of unmarried woman has taken a step in the opposite
direction. It has more than ever deprived woman of the male sex by legalising
homosexuality. At present polygamy is prohibited in Britain, but homosexuality
is lawful.
In the eyes of the British people it is inhuman to have a woman as a
second wife. But if the second "wife" happens to be a male, then there
is no harm. They regard homosexuality to be a dignified act in conformity
with the requirements of the 20th century. According to the verdict of
the British authorities, plurality of wives is not objectionable provided
the wives other than the first one have whiskers. It is said that the Western
world has solved the sexual and family problems, and we should follow its
example. This is how it has solved them.
This Western action is not surprising in the least, for it is a logical
outcome of the way the West is going.
What is surprising is that our people, especially the educated young
men, have lost their power of independent thinking and analysing problems.
They have lost their personalities. They are too credulous. If they have
a diamond in their hand and the people from the other side of the world
say it is a walnut, they throw it away. But if they see a walnut in the
hand of an alien and are told that it is diamond, they readily believe
that.
IS MAN POLYGAMOUS BY NATURE?
You will be surprised if you are told that the psychologists and the
social philosophers in the West believe that man is born polygamous and
monogamy is against his nature.
Will Durant, explaining the present day moral chaos, says that much
of it is due to our incurable interest in variety. Man by nature cannot
be content with one woman.
He says that by nature man is polygamous. Only the strongest moral restrictions
and an appropriate amount of poverty and hard work, along with the external
vigilance of the wife, can impose monogamy on him.
The German professor, Schmidt, says that throughout history man has
been unfaithful to his wife. There are indications that even during the
Middle Ages the young men changed their sweet-hearts again and again, and
50% of the married men were unfaithful to their wives. Robert Kinsey in
his report, known as the Kinsey Report, says that American men and women
surpass all other nations in unfaithfulness. In another section of the
report he says that, unlike man, woman dislikes diversity and that is why
she often does not submit to his overtures, but man regards diversity as
an adventure. What is more important is that he is more interested in physical
pleasure than in spiritual and sentimental pleasure. Man pretends to have
a purely sentimental and spiritual relation only so long as he does not
get an opportunity to have physical contact. A famous physician told Kinsey
that obviously man was polygamous and woman monogamous, because millions
of sperm developed in man while one ovum was produced in the ovary of woman
during each period of fecundity. Apart from the theory of Kinsey, it will
not be a bad idea if we ask ourselves whether it is difficult for a man
to be faithful.
A French sociologist answering this question says that for a man to
be faithful is not merely difficult but it is impossible. One woman is
born for one man, but one man is born for all women, If a man is unfaithful
and betrays his wife, he is not to blame. It is the fault of nature, which
has put all the forces of unfaithfulness in him.
A French magazine under the heading, "French way of Love and Marriage",
writes that French couples have solved this problem. They know the rules
of the game. So long as the husband does not exceed the limits, his occasional
affairs with other women are of little importance. As a rule a husband
can in no case remain faithful after two years of married life. It is somewhat
different in the case of women and fortunately they are aware of this difference.
In France, a wife does not feel offended if her husband commits adultery
She consoles herself by saying that he might have taken his body to
another woman, but his soul and sentiments continue to be her own.
Some years ago there was a controversy on the views expressed by a biologist
named Dr. Russell Lee. He was of the view that a man's contentment with
one wife weakened his progeny and hence this action amounted to an act
of treachery against the human race. He thought that the system of multi-relations
made the children healthy and strong.
We believe that the above description of the nature of man is not correct
at all. These thinkers appear to have been inspired by the particular atmosphere
prevailing in their own part of the world.
Anyhow, we believe that both biologically and psychologically man and
woman are dissimilar to each other and nature has purposely made them so.
Therefore, the equality of their rights should not be used as a pretext
for the uniformity of their rights. Even from the viewpoint of those who
support monogamy, the spirit of woman is different from that of man. Woman
is monogamous by nature. Polyandry is against her spirit and does not conform
to what she expects of her husband. But man is not monogamous by nature
in the sense that polygamy is not against his spirit and is not inconsistent
with what he expects of his wife.
But we do not agree with the view that the spirit of man does not conform
to monogamy. It is absolutely incorrect to say that his passion for diversity
is incurable. We also do not believe that man cannot be faithful, or that
one woman is born for one man and one man is born for all women.
To our belief the causes of man's unfaithfulness are related to the
social atmosphere and man's nature is not responsible for it. Factors causing
unfaithfulness stem from that atmosphere which, on the one hand, encourages
woman to employ all sorts of temptations and seductions to lead a stranger
astray and, on the other hand, deprives millions of women of their right
of marriage by enforcing the law of monogamy.
In the Muslim East, prior to the introduction of Western ways and manners,
90% of the men adhered to monogamy in the real sense. They neither had
more than one legal wife nor did they indulge in concubinage.
POLYGAMY AS THE FACTOR SAVING MONOGAMY
You will be surprised if we say that polygamy was the most important
factor which served monogamy in the East. Its legality is really the biggest
saving factor, in case the number of women requiring marriage exceeds the
number of men eligible for it, because if the right of the surplus women
to marriage is not recognised and the morally, financially and physically
well-qualified men are not allowed to have more than one wife, free love
and concubinage are bound to become rampant, destroying the very basis
of real monogamy.
In the Muslim East, on the one hand polygamy was permissible and, on
the other, temptations and provocations to immorality did not exist. Therefore,
true monogamy prevailed in most of the families. Concubinage never developed
to the extent that gradually a philosophy had been invented to justify
it. In the East, it was never claimed that man was born polygamous and
could not at all adhere to monogamy.
It may be asked what alternative a man has when polygamy is legally
prohibited and, as the intellectuals say, man is polygamous by nature.
According to the thinking of these gentlemen the answer is quite clear.
Man should be legally monogamous and practically polygamous. He should
not have more than one legal wife, but he can cohabit with any number of
women he likes. Concubinage is the natural right of man. It is unchivalrous
to restrict him to one woman.
We believe that the time has come when the readers should have a clear
idea of the problem and should know what the question really is. It is
not the question whether polygamy is better or monogamy. There is no doubt
that monogamy is preferable, for monogamy means an exclusive family life.
In this system the body and the soul of each of the husband and the wife
exclusively belong to the other. It is obvious that the spirit of marriage
is the union of hearts which manifests itself better in an exclusive marriage.
Humanity does not have to choose between monogamy and polygamy.
The only problem is that absolute monogamy is not practical in certain
social circumstances, especially when the number of women in need of marriage
is greater than the number of eligible men. Absolute monogamy pervading
every family is only a fiction. There are only two alternatives: either
to officially recognise polygamy or to encourage unrestricted concubinage.
In the case of the first alternative only a small percentage of married
men, in no case more than 10% will have more than one wife and all women
in need of a husband will be able to secure a home and family life. In
the case of the second alter-native every woman having no legal husband
will have sexual relations with several men, and thus almost all married
men will become practically polygamous.
This is the correct picture of polygamy. But the partisans of the European
way of life are not prepared to present the true picture of the problem.
They do not want to tell the truth openly. In reality they defend concubinage.
They regard the legal wife as a burden and a stumbling-block in their way.
T() them even one wife is too much, let alone two, three or four. They
pretend to be the supporters of monogamy, but, in fact, complete freedom
from matrimonial restrictions is what they would like to have.
WILES OF THE TWENTIETH CENTURY MAN
The 20th century man has succeeded in befooling woman on many questions
related to family rights. He uses the high-sounding words of equality and
liberty to reduce his own commitments and to add to his opportunities of
enjoyment. But there are few questions in respect of which he has been
so successful as in disparaging polygamy.
Occasionally we come across writings that make us wonder whether their
authors are simpletons or rogues. One writer says: At present, in the advanced
countries relations between husband and wife are based on a system of reciprocal
rights and obligations, and for that reason it is as difficult for a woman
to recognise polygamy in any form, as for a man to bear the existence of
rivals in the field of his conjugal relations.
We do not know whether that is their conception of the problem, or they
really do not know that polygamy has resulted from a social problem, which
puts a heavy responsibility on the shoulders of married men and women and
of which, so far, no solution other than polygamy has been discovered.
Shutting the eyes to the real problem and raising the slogans 'long live
monogamy' and 'down with polygamy' can serve no purpose.
Do they not know that polyandry is neither a part of woman's rights
nor a part of man's rights. It has nothing to do with their reciprocal
rights.
It is ridiculous to say that it is as difficult for woman to agree to
polygamy as it is for a man to tolerate the existence of rivals in the
matter of conjugal relations. Apart from the fact that such a comparison
is wrong, it appears that these gentlemen do not know that the present-day
Western world, by the glitter of which they are so greatly dazzled, actually
requires the husband to respect the love-affairs of his wife and tolerate
the existence of rivals. It deprecates any interference on the part of
the husband as jealousy and fanaticism. We wish that our young men had
a deeper knowledge of what is going on in the West.
As polygamy is the outcome of a social problem and is not man's instinct,
it is obvious that in a society where women are not in a numerical majority,
it should automatically disappear or at least its incidence should be minimised.
But it will not be proper to ban it even in such circumstances, if such
circumstances exist at all. Legal prohibition of polygamy is neither sufficient
nor something correct. There are certain prerequisites to achieve this
end. First of all, social justice should be ensured and adequate opportunities
of suitable employment made available for every man, so that everyone eligible
for marriage should be in a position to have a family life. The second
condition is that every woman should be free to choose her husband and
should be under no compulsion by her guardians or anyone else to marry
any particular person of their choice. It is obvious that a woman who has
a chance to marry a bachelor will never like to marry a man who has a wife.
It is only their guardians who sell women for the sake of money and give
them in marriage to the moneyed people.
The third condition is that there should not exist too many temptations
that seduce even women having husbands not to mention women having no husbands.
Should society be earnestly interested in reformation and in enforcing
true monogamy, it should endeavour for the fulfilment of the above three
conditions. Otherwise, a legal ban on polygamy will only lead to moral
depravation.
CRISIS RESULTING FROM THE PRIVATION OF THE WOMEN HAVING NO HUSBANDS
If the women in need of marriage outnumber such men (bachelors), the
prohibition of polygamy is a treachery to
humanity. It is not merely a question of suppressing the rights of some
women only. Had it been so, it could have been tolerated to a certain extent.
The crisis which society faces as a result of legally enforced monogamy
possess a bigger danger than any other crisis, for the family organisation
is more sacred than any other organisation.
A woman who is deprived of her natural right is a living being prone
to all the reactions of a living being such as in the case of privation.
She is a human being who is susceptible to psychic disorders and complexes.
She is an Eve armed with the weapons for seducing men.
She is not wheat or barley, the surplus stock of which can be dumped
into the sea or stored for any future emergency. She is not a house or
a room which, if not acquired immediately, can be locked. She is a living
person. She is a human being. She is a woman. She has marvellous potentialities.
If she is frustrated she can ruin the society. She cannot be an idle onlooker
while others enjoy life. Her privation will give rise to complexes and
malice. If malice and instinct join hands together, the consequences can
only be catastrophic.
The women deprived of family life will do their utmost to seduce men
and to exploit their weakness in this respect. Even then the matter will
not end. The wives who will find their husbands to be unfaithful, will
think of taking revenge upon them and thus will themselves become unfaithful.
About the final result the less said the better.
This final result has been summarised in the well-known Kinsey Report
in one sentence: "The men and women of America have surpassed all other
nations in unfaithfulness."
It is to be noted that the matter does not end with the corruption and
perversion of men. The conflagration in the end also engulfs the women
having husbands and families.
VARIOUS REACTIONS ABOUT THE EXCESS OF WOMEN
The phenomenon of the comparative super-abundance of women has always
existed in human history, but the reactions to this phenomenon, which create
difficulties for the society, have not been the same in all societies.
The people who were more attached to the spirit of piety and chastity and
were guided by the teachings of the great heavenly religions, solved the
problem by adopting the system of polygamy. Other people who were not so
greatly attached to this spirit used the phenomenon as a means of indulging
in debauchery.
Neither was polygamy in the East introduced by Islam, nor its prohibition
in the West in any way related to the religion of Christ. This custom existed
in the East before the inception of Islam and was sanctioned by the Eastern
religions. Even in the Bible, it has not been prohibited expressly.
A greater blow has been given to monogamy by the nations, which have
taken to debauchery, than by those which have adopted polygamy.
Dr. Muhammad Husayn Haikal, author of the book, 'Life of Muhammad' after
quoting several verses of the Holy Qur'an on the question of polygamy,
says: These verses favour adherence to monogamy. They say that if you fear
that you will not be able to do justice to more than one wife, then have
only one. Incidentally, they emphasise that absolute justice is not possible.
Anyhow in view of the fact that there may be occasions when polygamy is
unavoidable, they allow it conditionally. The Holy Prophet himself contracted
several marriages, when a large number of Muslim women lost their husbands
during the early battles of Islam. Is it possible to say that following
wars, epidemics and disturbances which take a toll of thousands and sometimes
millions of people, it is still preferable to adhere to monogamy rather
than to adopt polygamy as an exceptional case and with the condition of
doing justice to their wife or wives? Can the people of the West claim
that after the World War the law of monogamy has been enforced in the same
way in which it now exists in name?
DRAWBACKS AND DEFECTS OF POLYGAMY
A happy married life depends on sincerity, tolerance, sacrifice and
unity. All these things are endangered in the case of polygamy. Apart from
the unenviable position of the wives and the children in a plural marriage,
the responsibilities of the husband himself are so heavy and crushing that
it is no fun to shoulder them -Most of the men, who are happy and satisfied
with polygamy, are those who practically evade their legal and moral responsibilities.
They turn all their attention to one wife and ignore the other, whom they
leave, in the words of the Holy Qur'an, 'hanging', What is called
polygamy by such people is in reality a sort of monogamy coupled with high-handedness,
tyranny and criminal injustice. There is a proverb current among the common
people which says: 'One God, One Wife'.
That has been and is the belief of most of the people and, if we measure
the problem by the standard of individual happiness, it is correct. The
rule of monogamy, if not applicable to all men, is certainly applicable
to most of them.
If someone thinks that polygamy, with all the legal and moral responsibilities
it entails, is a bed of roses, he is sadly mistaken. From the angle of
personal comfort and happiness, monogamy is definitely preferable.
CORRECT APPRAISAL
Anyhow, a correct appraisal of the system of polygamy, which emanates
from personal and social needs, cannot be made by comparing it with monogamy.
The right way of evaluating such a system is to give consideration to the
causes which give rise to it, to see what evil consequences will follow,
if those causes are overlooked, and at the same time to give a thought
to the defects and drawbacks of the system itself. It is only after fully
weighing all the pros and cons of a system that we can arrive at the right
conclusion. To illustrate the point we give an example. If we look at the
system of conscription only from the angle of the interests and inclinations
of a family, to which a recruit belongs, there can be no doubt that the
law of conscription is not a good law. It would have been much better if
there had been no such law, and no darling of a family had been snatched
from his family and, occasionally, sent to the warfront.
But this is not a correct evaluation of the question. Along with the
separation of a son from his family, we should also take into consideration
the defence requirements of the country. If we do that, it will appear
perfectly reasonable and logical that an adequate number of citizens should
always be kept ready for the defence of the country and their families
should willingly put up with the inconveniences caused by the compulsory
military service.
Earlier we referred to some individual and collective needs which sometimes
justify polygamy. Now, to prepare the ground for an overall judgement,
let us discuss the defects and drawbacks of this system. We admit that
it has certain demerits, but we do not believe that all that is said against
it is valid. Anyway, we propose to discuss its defects from various angles.
FROM THE PSYCHOLOGICAL ANGLE
The conjugal relations are not confined to such material and physical
matters as bodily contact and financial support. If they had been so confined,
it would have been easy to justify polygamy, for material and physical
matters are divisible between several people, each having a share.
The basis of conjugal relations is emotional and psychological. They
are based on such things as love, emotions and feelings. Married life means
the union of hearts. Like all metaphysical things, love and feelings are
not divisible. They cannot be rationed among several people nor can a definite
quota thereof be allotted to any one. A heart cannot be divided between
two people. Love and worship are concomitant. They do not admit a rival.
Love cannot be measured and distributed like wheat and barley. Furthermore,
feelings cannot be controlled.
The heart dominates man, man does not dominate the heart. The spirit
of marriage, that is, its human aspect, which distinguishes the relations
between two human beings from the purely instinctive relations between
two animals, is neither divisible nor controllable. Hence, polygamy should
not be permitted.
To our belief the above statement is exaggerated. It is true that emotions
and feelings constitute the spirit of marriage. It is also true that feelings
are not controllable. But it is pure fancy, rather a fallacy, to say that
feelings are not divisible.
It is not a question of dividing and distributing feelings in the same
way as a material object is divided and distributed. It is a question of
the mental capacity of man, which is not too limited to accommodate relations
with two people. A father having ten sons loves all of them to the extent
of worship and makes sacrifices for them.
Anyhow, one thing is definite. Love cannot be as intense in the case
of several wives as it can be in the case of one. Intense love is not consistent
with plurality, but it is not consistent with reason too.
Russell in his book, 'Marriage and Morality'. says that many people
today regard love as a fair exchange of feelings. This argument alone,
irrespective of all other arguments, is enough to condemn polygamy.
If it is only a question of fair exchange of feelings. we wonder why
the exchange should he monopolistic. A father having several children loves
them all and they all reciprocally love him. Is not the exchange of feelings
between them fair? Incidentally even in the case of several children, a
father's love for each of them is always greater than the love of each
child for the father.
The most amazing part of the above statement is that it has been made
by a person who advises the husbands to respect their wives' love-affairs
with strangers and not to interfere in them. He gives the same advice to
the wives also. Does he believe that the exchange of feelings between a
husband and a wife will still be fair?
FROM THE ANGLE OF BEHAVIOUR
In the case of polygamy the relations between co-wives are proverbially
notorious for incongruity. A woman usually regards the co-wife as her worst
enemy. Plurality often induces wives to action against each other and occasionally
against the husband also. It creates malice and turns the family atmosphere,
expected to be an atmosphere of sincerity and serenity, into a veritable
battlefield. Enmity and rivalry existing between the mothers passes on
to their children and two or more blocs are formed. The family atmosphere,
instead of being the first school of moral training for the children, turns
into a school of dissensions and inhuman behaviour.
There is no doubt that polygamy has all these evil effects. But one
point must not be overlooked. We have to see whether they are the natural
effects of plurality or the product of the unreasonable attitude of the
husband and the second wife. We believe that most of the evil effects are
not the direct result of plurality, but are the consequences of its wrong
implementation.
Suppose a husband and a wife live together and lead a normal life. In
the meantime the husband comes across another woman and takes a fancy to
her. After a secret understanding between the two, the second woman raids
the house and takes undue advantage of the husband, and challenges the
authority of the first. It can be easily imagined what the reaction of
the first wife would be. There is nothing more disturbing to a woman than
the impression that her husband despises her. To be unable to retain the
affection of her husband is the biggest failure of a wife. When the husband
takes to arrogance and licentiousness and the second wife plays the role
of a freebooter, it is useless to expect the first wife to be patient.
But the things will be different and the internal conflict will be greatly
reduced if the first wife knows that her husband is justified in having
a second wife and that he is not fed up with her. The husband also must
not assume arrogance nor should he indulge in sensuality. After having
a second wife, he should more than ever be kind to his first wife and should
more than ever respect her feelings. The second wife also should remember
that the first wife has certain rights which are to be respected. In short,
all the parties concerned should remember that they have taken a step to
solve a social problem.
The law of polygamy is a progressive solution of a social problem and
is based on the broader interests of the society. Those who execute it,
should possess a standard of high-thinking and should be well-trained in
the Islamic ways.
Experience has shown that if the husband is neither licentious nor arrogant
and the wife is convinced that he needs a second wife, she herself volunteers
to arrange the second marriage of her husband. In such cases the aforementioned
troubles do not arise, as most of them result from the misbehaviour of
the husbands.
FROM THE MORAL ANGLE
It is said that polygamy means indulgence in sensuality. Morality demands
that the gratification of sexual desire is minimised, for the nature of
man is such that the more he indulges in sex, the more intense his yearning
for it becomes.
Montague in his book, 'Spirit of Laws', while dealing with the question
of polygamy, says: "The King of Morocco has, in his harem, women of all
races including white, yellow and black. Even if this man had twice as
many women as he has, he still would have craved for more. Sensuality is
like miserliness. The more it is practised, the more intense it becomes.
As the collection of more and more gold and silver intensifies greed and
avarice, indulgence in polygamy promotes vicious and unnatural ways of
love-making, for in the field of sensuality every act which exceeds the
limit encourages perversion. When disturbances broke out in Istanbul, not
a single woman was found in the harem of the ruler, because he indulged
in unnatural love-making (homosexuality).
This objection can be looked at from two angles. Firstly, it has been
claimed that sexual acts are repugnant to pure morality and that sexual
desire should be controlled to the utmost extent. Secondly, it has been
asserted that human nature is such that the more a man indulges in sex,
the more intense his yearning for it becomes.
As regards the first view, it may be said that unfortunately it represents
a wrong thinking. It has been inspired by Christian, Hindu, Buddhist and
Cynic ideas of morality based on renunciation. From the Islamic point of
view, it is not correct to say that the less the gratification of sexual
desire, the more moral it is. (Perhaps according to this theory perfect
morality means no gratification at all). It is only excessive indulgence
which is regarded by Islam as repugnant to morality.
To ascertain whether polygamy means excessive indulgence let us see
whether by nature man is or is not monogamous. As stated earlier, now nobody
believes that man is purely monogamous or that polygamy is an act of perversion.
To the contrary many sociologists are of the view that by nature man is
polygamous and monogamy is as unnatural as celibacy.
Though we do not believe that man is polygamous by nature, we also do
not believe that he is purely monogamous and that polygamy is unnatural
and a sort of perversion like homosexuality.
Those who, like Montesquieu, regard polygamy tantamount to licentiousness,
have harems in their mind. They think that Islam, by allowing plurality,
wants to provide an excuse for the harems of the Abbasid Caliphs and the
Ottoman Sultans. But in fact Islam is totally opposed to such a thing.
The terms and conditions laid down by Islam in respect of plurality are
such that the chances of licentiousness are absolutely eliminated.
As for the second point: that the more the natural desires are satisfied,
the more they grow and the more they are suppressed, the more they are
pacified, it is diametrically opposed to the current Freudian theory.
According to the Freudists, instinctive desires are pacified if they
are satiated, hut if they are suppressed, they become violent. That is
why the Freudists advocate complete freedom and the violation of all traditional
restrictions and restraints in sexual matters. I wish that Montesquieu
had been alive today and had seen how his theory is being ridiculed by
the Freudists.
From the Islamic point of view both the theories are false. Human nature
has its own laws and limits which must be recognised. It becomes passionate
both as a result of privation as well as unrestricted freedom.
Anyway, neither polygamy is immoral and disturbing to spiritual peace,
as Montesquieu and the like presume, nor is it against human nature, to
be content with one or more legal wives as the Freudists claim.
FROM THE LEGAL ANGLE
By virtue of a marriage contract both the husband and the wife belong
to each other, and each of them has a right to enjoy the other. As far
as the marital benefits are concerned, the marriage contract creates a
sort of proprietary right. In the case of polygamy it is the first wife
who has the first claim to the marital benefits, and as such any transaction
between the husband and another wife is ultra vires, for the goods under
transaction, as marital benefits may be called, have already been sold
to the first wife. Hence no subsequent transaction can be valid without
her consent. As such, if polygamy is to be allowed, its validity must depend
upon the consent and agreement of the first wife. She should have the right
to decide whether she can or cannot allow her husband to have another wife.
This means that to have a second, third and fourth wife is just as if
a person had sold his property to a person and then resold it to a second,
third and fourth customer. The validity of such a transaction will depend
on the consent of the first, second and third buyers respectively. If the
vendor actually delivers the property to the subsequent buyers without
such a consent, he is liable to prosecution.
This objection is based on the presumption that the legal nature of
marriage is that of exchange of benefits, and that each of the husband
and the wife owns the marital benefits accruing from the other. Though
this presumption is not sound, for the present we do not want to dispute
it. Let us presume the position to be actually so. But this objection can
be valid only in case the husband takes another wife only for fun. Obviously
if it is admitted that the legal nature of marriage is that of exchange
of marital benefits, plurality of marriage is not justifiable only so long
as the wife can in every respect meet the lawful needs of her husband.
But if there exists any of the justifying causes mentioned earlier, the
objection becomes void. For instance, if the wife is barren or has attained
the age of menopause and the husband is still in need of a child, or the
wife is sick and not fit for cohabitation, the right of the wife will be
no bar to plurality of marriage.
This is the position in case polygamy is only a personal requirement
of the husband. But if it is a social requirement, for example, if women
outnumber men in a society or the society needs a larger population, then
the case is quite different. In such cases, plurality is a duty which is
to be performed by an adequate number of men. It is a duty to be carried
out to save the society from corruption and prostitution or to increase
the population of the community. When it is a question of social duty,
obviously the question of the consent and permission of the wife does not
arise. Suppose in a society women outnumber men or the society needs a
larger population, then a social duty devolves on all married men and women
which should be carried out by an adequate number of them in the spirit
of self-sacrifice. This is exactly like the case of conscription. The defence
of the country devolves a duty on all families to send
their dear ones to the front for the sake of the society. In such cases
there is no question of the consent of the parties concerned.
They who maintain that justice demands that polygamy must depend upon
the consent of the existing wife, look at the question from a narrow angle.
They think that a husband always wants to have more than one wife only
for pleasure and variety. They forget that there can be other individual
and social needs also. Basically plurality of marriage should not be acceptable
even with the consent of the existing wife, if no individual or social
need is involved.
FROM THE PHILOSOPHICAL ANGLE
The law of polygamy is repugnant to the principle of equality between
man and woman as human beings. As man and woman both have equal rights,
either both of them should be allowed to practise polygamy or neither of
them. It is a pure and simple discrimination to allow man to have several
wives and not to allow woman to have several husbands. To allow man to
have up to four wives means that the value of a woman is only one-fourth
that of man. This position is derogatory to woman and is not even in keeping
with the Islamic view in respect of inheritance and evidence. In respect
of giving evidence, two women are regarded as equal to one man.
This is the most flimsy objection. It seems that the critics have paid
no attention to the individual and the social causes of polygamy. They
think that it is only a question of passion. Hence man and woman should
be treated equally. We have already discussed the cases in which polygamy
is justified. We have also pointed out the circumstances in which a duty
in respect of a husbandless woman devolves on all married men and women.
Hence, it is not necessary to dwell on this question any more.
It is enough to say that if the teachings of Islam in respect of polygamy,
inheritance and evidence had been due to any apathy to woman's rights,
and had Islam discriminated between man and woman as human beings, it would
have held a uniform view on all relevant questions. In the case of inheritance
it would not have allowed woman only a half of the share of man in some
cases and an equal share in others. Similarly, in the case of evidence
there would not have been different rules in different cases. All this
shows that Islam has some other philosophy. We have already explained the
question of inheritance in a preceding chapter. We have also pointed out
elsewhere that from the Islamic point of view the question of equality
between man and woman as human beings is a part of basic human rights.
Anyhow, while dealing with family rights, Islam has taken into consideration
certain other aspects also which are more important than the question of
mere equality.
ROLE OF ISLAM IN THE DEVELOPMENT OF POLYGAMY
Islam neither invented polygamy (for it had been in existence for centuries
before the inception of Islam), nor did it abolish it, for there existed
no other solution of certain social problems. Islam only reformed this
ancient custom.
LIMITATIONS
Before Islam, one could have an unlimited number of wives and could
form a harem. Islam prescribed a maximum limit. It did not allow anyone
to have more than four wives. Those who had more than four wives at the
time of embracing Islam were required to release the extra wives.
We come across the names of several such people in the early history
of Islam. A man named Ghaylan bin Aslamah had ten wives. Another man named
Nawfal bin Mu'awiyah had five. The Holy Prophet ordered them to part with
their extra wives.
The Shi'ah traditions report that during the days of Imam Sadiq (P)
a Zoroastrian embraced Islam. He had seven wives. The Imam was asked as
to what that man should do with his wives. The Imam said that he must part
with three.
JUSTICE AND EQUAL TREATMENT
Another reform introduced by Islam was the condition of giving equal
treatment to all the wives. Islam does not allow any discrimination between
the wives or between their children. The Holy Qur'an expressly says: "If
you [ear that you will not do justice (to them) then have
one only". (Surahan-Nisa,4:3)
The Pre-Islamic world observed equality neither between the wives nor
between their children. We have already quoted Christenson and others who
say that during the Sassanian period polygamy was customary in Iran. One
or more wives were called favourite wives and they enjoyed full rights
and others known as servant-wives had lesser legal rights. Only the male
children of the servant-wives were recognised to be the members of the
paternal family.
Islam abolished all such customs and usages. It does not allow any wife
or her children to be regarded as inferior to the other wife or children
of her husband.
Will Durant in his book, History of Culture, Vol. I, says:
"When a person accumulated wealth he feared that if it would be divided
among all his children, each one of them would receive only as small portion
of it. So he felt anxious to make a distinction between his real and favourite
wife and other mistresses to enable the children of the real wife only
to inherit from him."
This shows that in the ancient world discrimination between the wives
and between their children was common. Anyhow, surprisingly enough Will
Durant adds: "Till recently this continued to be the case in Asia. Gradually
the real wife took the position of the sole wife. Other wives either disappeared
or became clandestine mistresses."
Will Durant did not take notice of the fact, or he did not want to do
so, that 14 centuries ago Islam abolished discrimination between the children.
To have one real wife and several secret concubines is a European and not
an Asian custom. It has only lately infiltrated into Asia.
Anyhow, the second reform which Islam introduced in the domain of polygamy
was the abolition of discrimination between the wives and between their
children. No form of favouritism with any particular wife is permissible.
Almost all jurists are unanimous on this point. Only a few minor juristical
schools have interpreted the rights of women in a way that smacks of discrimination.
But there is no denying the fact that their view is in contradiction with
the correct interpretation of the Qur'anic passage. The Holy Prophet is
reported by both the Shi'ah and the Sunnis to have said: "He who has two
wives but does not treat them equally and shows leaning towards one of
them, will be raised on the Day of Resurrection in such a state that one
side of his body will be dragging along the ground. He will eventually
go to Hell".
Justice is the greatest moral virtue. To prescribe the condition of
justice and equal treatment means that the husband is required to be in
possession of the highest moral qualities. As the feelings of man in respect
of all his wives usually are not the same, observation of justice and abstinence
from unequal treatment is one of his most onerous duties.
We all know that the Holy Prophet, during the last ten years of his
life, that is, during the period of his stay in Madina, married several
women. This was a period of Islamic wars and at that time the number of
women, who had nobody to look after them, was quite large. Most of the
wives of the Prophet were widowed and aged. Several of them had children
by their former husbands.
The only maiden he married was Ayesha, who often proudly said that she
was the only woman whom no husband other than the Prophet, had ever touched.
The Holy Prophet, always gave strict equal treatment to all his wives
and never discriminated between them. Urwah bin Zubayr was a nephew (sister's
son) of Ayesha. He inquired of his aunt as to how the Holy Prophet treated
his wives. Ayesha said that he treated them with justice and complete equality.
He never gave preference to anyone of them over anyone else. Almost
daily he called on every wife and inquired after her health etc. He passed
the night with one wife, turn by turn. If by chance he wanted to pass a
night with another wife, he formally came to the wife whose turn it was
and took her permission. If the permission was given, he would go, otherwise
he would not. Ayesha said that she personally declined to give permission
as and when he asked for it.
Even during his last illness which led to his death and when he was
too weak to move, the Holy Prophet scrupulously adhered to the principle
of equality in his treatment with his wives. His bed was shifted from one
room to another daily. At last, one day he called all his wives and asked
them to permit him to stay in one room. With their permission he stayed
in the room of Ayesha.
At the time when he had two wives, Imam Ali (P) was so particular that
he performed even ablution before prayer (wuzu) in the house of
the wife whose turn was there.
Islam attaches so much importance to the principle of justice and equality
in treatment that it does not allow the husband and the second wife to
enter into an stipulation at the time of their marriage, by which the second
wife agrees to live on unequal terms with the first wife. This means that
it is an obligatory duty of the husband to treat each wife on terms of
strict equality, and that he cannot renounce this responsibility by entering
into a prior agreement with anyone of his wives. All that the second wife
can do is to forego some of her rights for practical purposes. But no such
condition can be stipulated, nor is it possible that she should not have
equal rights. Similarly, the first wife also can voluntarily forego some
of her rights for practical purposes, but she cannot formally renounce
them.
Once Imam Baqir (P) was asked whether by mutual consent it could be
stipulated that the husband would visit one of his wives only once a week
or once a month, or that the maintenance allowance of one wife would not
be equal to that of another wife. The Imam said that such stipulations
were not valid even with the consent of any wife. By virtue of marriage,
every wife was entitled to full marital rights. All that she could do was
to forego some or all of her rights after marriage, either to please her
husband or for some other reason.
With all these strict moral conditions polygamy becomes a duty instead
of being a means of pursuit of pleasure. Pursuit of pleasure and licentiousness
are possible only in an atmosphere of complete freedom to pursue one's
desires. But where there is a question of discipline, justice and duty,
there can be no room for lewdness.
Those who indulge in licentiousness under the pretext of polygamy misuse
an Islamic law and the society has every right to call them to account
and punish them.
APPREHENSION OF NOT DOING JUSTICE
To be fair, it must be admitted that the number of those, who observe
in letter and spirit all the conditions laid down by Islam in respect of
polygamy, is very small. According to the Islamic law, if a man apprehends
that the use of water may be harmful to him he should not perform ablution
for prayers, and if he apprehends that fasting may be harmful to him he
should not keep fast. You come across many people who inquire of you whether
they should or should not perform ablution, or whether they should or should
not keep fast, for they apprehend that performing ablution or keeping fast
might be harmful to them. Such inquiries are in order. Such people should
not perform ablution and should not keep fast.
But the Holy Qur'an specifically says that if you fear that you will
not treat your wives equally, you must have only one wife. Still you do
not come across a single person who may say that he apprehends that he
might not be able to treat two wives equally, and may inquire whether in
his circumstances he should or should not have a second wife. It is evident
that some people knowing well that they will not be able to do justice,
still have several wives. They do so under the cloak of Islamic law. These
are the people who bring a bad name to Islam by their unworthy action.
HAREMS
Another reason why Islam is criticised for polygamy is the system of
harems adopted by the former caliphs and sultans. Some Christian writers
and missionaries have described polygamy in Islam as equivalent to the
system of harems with all its shameful and cruel aspects.
Unfortunately some of our own writers who, like a parrot repeat the
ideas expressed by the Europeans, unnecessarily associate polygamy with
harems. They are not endowed with enough independence of thinking to be
able to distinguish between the two.
OTHER CONDITIONS
Besides the condition of justice and equality of treatment, there are
also other conditions which a husband has to fulfil. We all know that a
wife has a number of financial and other rights which the husband has to
discharge. A husband has the right of having more than one wife, provided
his financial condition allows him to do so. Financial soundness is a pre-requisite
to monogamy also. Anyhow, we skip over further discussion of this question.
Physical and sexual potentialities are another pre-requisite.
It is reported in Al-Kafi and Al-Wasail that Imam Sadiq (P) has said
that in case somebody collects several women, while he is not fit to satisfy
them all, he will bear full responsibility if any of them takes to sin.
The historical accounts of the harems narrate many stories of young
women, who, forced by the pressure of their sexual urges, had recourse
to sin and occasionally became the cause of crimes and murders.
By now our readers should have become aware of the causes of polygamy
and why Islam has not abolished this system. They should also have become
aware of the conditions and limits prescribed by Islam in this respect.
Islam has not disparaged women by allowing this system, but has rendered
a great service to them. If polygamy is not allowed even where women of
marriageable age outnumber men, women may become worthless toys in the
hands of men. They may be treated worse than slave-girls, for man recognises
the child of a salve-girl as his own, but he makes no such commitment in
respect of his mistresses and concubines.
MODERN MAN AND POLYGAMY
Modern man is averse to polygamy, not because he wants to be content
with one wife, but because he wants to satisfy his sense of variety by
indulging in unlimited adultery, for which ample facilities are available.
Sin and not fidelity has taken the place of polygamy. That is why modern
man is opposed to plurality of wives which commits him to many duties and
responsibilities, financial and otherwise. In the past, even for a licentious
man, opportunities of sin were limited. That is why he had to take recourse
to polygamy and, in spite of evading many duties, he still had to shoulder
certain responsibilities in respect of his wives and children. The modern
man who has ample opportunities of enjoyment does not see any necessity
of making the least commitment. Hence he is averse to polygamy.
The modern man employs women as secretaries, typists etc. for his enjoyment,
and credits the expenses to the account of the government, his firm or
any other organisation in which he may be working, without having to pay
a single penny from his own pocket.
The modern man changes his mistress after every few days without undergoing
any formalities of dower, maintenance and divorce. M. Tshombe was vehemently
opposed to polygamy, but he always had a young, beautiful secretary at
his side whom he changed every year. With such possibilities there is evidently
no need to countenance polygamy.
We read in the life account of Bertrand Russell, who was a severe opponent
of polygamy, that two women, besides his grandmother, played an important
role in his life. One was his wife, Alice, and the other was his sweet-heart,
Morrel. Morrel who was one of the most prominent women of that period,
was on friendly terms with a number of the writers of the early 20th century.
Evidently such a man could not support polygamy.
Apparently it was Russell's extra marital love which put an end to his
relations with Alice. He himself writes that one afternoon, while he was
going on a bicycle to a summer resort in the suburbs, he suddenly felt
that he no longer loved Alice.
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