4 hrs ago
Why India’s Supreme Court Must Reconsider Polygamy Through Doctrine
The article discusses whether men should be allowed to have more than one wife in India.
It says the Quran did not simply give unlimited permission for polygamy.
Instead, it reduced the number of wives allowed at one time from much larger numbers in pre-Islamic Arabia to four.
It also required husbands to treat all wives fairly.
Another Quranic verse is presented as saying that complete fairness is impossible.
The article says some hadith traditions also warn against unfair treatment between wives.
One tradition says Prophet Muhammad did not allow Ali to marry another woman while Fatimah was alive.
The author therefore believes the Supreme Court should study these religious texts closely when considering polygamy.
The article argues that the Quran restricts rather than categorically permits polygamy.
Surah An-Nisa 4:3 links multiple marriages to a husband’s ability to treat wives justly.
The article says Surah An-Nisa 4:129 recognizes that complete fairness between wives cannot be achieved.
It cites traditions saying Prophet Muhammad opposed Ali taking another wife while Fatimah was alive.
A hadith warns that a man who favors one of two wives will face punishment on Judgment Day.
- Who
- The article addresses the Supreme Court of India, Muslim men, and interpretations within Islamic religious traditions.
- What
- It argues that Quranic verses and hadith traditions support restricting polygamy rather than treating it as an unconditional religious requirement or permission.
- Where
- India, in the context of a Supreme Court case concerning polygamy.
- When
- Why
- The author says religious texts themselves emphasize justice and warn against unequal treatment between wives.
Key facts
- Central argument
- The article says the Quran restricts polygamy rather than categorically permitting it.
- Quranic reference
- Surah An-Nisa 4:3 links multiple marriages to a husband’s ability to act justly.
- Fairness reference
- Surah An-Nisa 4:129 is cited as saying complete fairness between wives cannot be achieved.
- Historical context
- The article says some pre-Islamic Arab men had between 20 and 25 wives, depending on wealth and status.
- Prophetic tradition
- Sahih al-Bukhari is cited regarding Prophet Muhammad’s opposition to Ali taking a second wife while Fatimah was alive.
- Punishment tradition
- Sunan Abi Dawud 2133 and other collections are cited as warning men against favoring one wife over another.
Quotes
Prophet Muhammad
Islamic prophet cited in the article through a Sahih al-Bukhari tradition
“Fatimah is a part of me, and whatever hurts her hurts me”
thequint.com
Sources
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