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RESPONSES TO SUSPICIONS - PART ONE – (THE ISSUE OF POLYGAMY)
Rudud Ealaa Shabihat - aljuz' al'awal (ms'alat taeadud alzawjat)
A paper entitled "Responses to Misconceptions" presented by Dr. Abdul Karim Zaidan at the Third International Conference on Biography and the Sunnah of the Prophet held in the State of Qatar on the 5th of Muharram 1400 AH, on November 25, 1979 AD and also published in the magazine "Al-Baath Al-Islami" in its third issue issued in Dhu al-Qi'dah 1400 AH / October 1980 AD .
In this research, Dr. Abdul Karim Zaidan addressed the responses to four suspicions that are repeated by ignorants or those who hate the law of God, namely (polygamy, the position of the Prophet on the Banu Qurayza, wars and conquests in Islam, the limits in Islam ).
Written by: Dr. Abdul Karim Zidan
Introduction :
There are suspicions about Islam raised by its enemies, and these suspicions, even if they are meager, have some effect on the souls of those who are weak in faith and those who are ignorant of the rulings of Islam, and for this it may be useful to respond to these suspicions so that those who believe in the faith increase, and the weak of faith strengthens so that they do not slide into the slopes of falsehood .
Among these suspicions that we respond to: polygamy, the treatment of the Prophet of the Banu Qurayza, war and conquests, and the limits in Islam .
First - polygamy
God Almighty has prescribed the marriage system to create offspring and satisfy the human libido through a sound project that is appropriate for a person and raises him above the level of animals .
And the marriage system in Islam is based on the oneness of the wife, with polygamy permissible for up to four wives at one time if the legal conditions that we will refer to are met .
And our guide on what we say verse (If you fear not justly in orphans Vankhawwa what women of your choice, two or three or four, the interpretation of the meaning or proprietary minimum that should not count). And the fear of unfairness that the noble verse refers to is true with suspicion and suspicion of it, and based on this, the one who is permitted to have polygamy is the one who is certain of himself fairness between his wives or thinks so . .
As for what the ignorant says about polygamy is forbidden because its condition is the ability to be fair between wives, and this condition is impossible for the Almighty saying: (And you will not be able to be just among women even if you are careful) I say what he went to is not true, because the attainable justice, which is the condition of pluralism, is material justice in accommodation, spending, good tenth, and so on. As for impractical justice, it is moral justice, meaning justice in love and heart inclination .
However, looking at the two noble verses leads to saying that the first and best is to be satisfied with one wife, because this sufficiency is closer to safety than falling into injustice and because the heart inclination of one of the wives is more than the others, and if he is exempt from it, it may lead to material unfairness .
If the first and the best is the oneness of the wife, and polygamy is permitted under conditions, but this preference becomes for polygamy if there is a legal justification for it, such as one who marries a single woman who has no family, money, or breadwinner to protect her from need and slippage .
Polygamy in Islamic law is permissible, it is not obligatory and it is not delegated unless it is organized to him by an external order that makes him a delegate as we have indicated, and the conditions for permitting polygamy are the ability to have justice between wives when there is a legal justification for polygamy, except that ensuring the ability to justice and making sure of the existence of a legitimate justification for polygamy All this is left to the Muslim’s appreciation and religion and there is no way to eliminate it, and on this approach the first Muslims of the Prophet’s era درج and the covenant of his esteemed companions and those who followed them with kindness, and every attempt to subject pluralism and its conditions to the authority and control of the judiciary is a failed attempt that does not come good and its harm is greater than its benefit and there is no evidence for it From Sharia .
Plurality system justifications
The polygamy system has a relationship with the number, the number with it, the numbered party, and the society, so does the polygamy system have an interest for these people that justify adopting it ?
First - for the multimeter
The enumerator is the husband. Are there justifications for him to marry more than one? The answer is in the affirmative, and here are some justifications :
Men by nature more seek sexual contact than women are not restricted to a specific time, unlike women, as they are not ready for it at all times, as in the times of menstruation and postpartum and the last days of pregnancy. A man may be the type who tends a lot to cheating on his wife, and one wife is not sufficient for him, especially if she is one of those whose menstruation lasts longer, so it is unfair for him to prevent him from marrying another with his ability to just and carry out the burdens of marriage .
The wife may be sick and unable to fulfill the requirements of marital life, or she may be barren, or she has entered menopause, and the husband is looking for offspring and his aspiration is legitimate, or he is still able to conceive and needs women, so it is fair to allow him to marry another while his first wife remains .
The husband may have a separated relative, alone, who missed the train of marriage and wants to fortify her and save her from her loneliness and include her as a wife, and this is a noble purpose that we must encourage him not to prevent him from it .
Secondly - for those who were enumerated
She is the second wife. A rational person who understands her interest and prefers to be a second wife rather than a lover and a tool for fun and absurdity for men .
Third - for the counted
She is the first wife, and it is in her interest to accept her husband’s marriage with another one - and his justifications have been established - and not refuse him, because with this refusal she pushes her husband to abandon her or divorce her and she does not benefit from anything, and if the law prohibits marriage with another unless she agrees, and she refuses his marriage, then it is He will abandon her, and treat her with what she does not like, but if she agrees with his marriage, he will appreciate her satisfaction and he will overwhelm her with his kindness, kindness and good cohabitation. But if the law prohibits marriage to a second at all with the presence of the first, then this prohibition will cause the greatest harm to the wife and nothing will benefit her, as the husband will abandon his wife and make her like a suspended one, and he may be driven to fornication .
Fourth - for society
A - It is in the interest of society to be pure and clean, and there is no place for immorality, because in its purification and cleanliness, there is a certain strength for the family, to protect it from collapse, and to protect the offspring from being lost, and there is no doubt that the polygamy system contributes greatly to the achievement of these purposes .
B - The polygamy system solves a problem of many occurrences, which is the increase in the number of women over men, and this phenomenon seems to always prevail in most countries of the world, and it certainly appears in the wake of wars that usually crush men more than women. The problem of increasing the number of women cannot be properly and honestly solved except by legalizing polygamy. Without this permissibility, meaning the legal prohibition of polygamy, it means letting this problem solve itself by itself through illegal sexual intercourse, as is the case in most countries of the world. It is well known that the spread of immorality in society has very serious social, economic and moral consequences, which cannot be elaborated here. This expected fear of increasing the number of women with the prohibition of polygamy, occurs if unmarried women are sufficient for supplies, but rather descend into fornication motivated by sexual instinct rather than out of need and hunger.But if we also need to earn money, then here is the great calamity as they go down to the field of work and the slaves of desires who do not fear God and are not jealous of people's symptoms, and they continue to adorn them with immorality and tighten the screws on them until they surrender to them .
A - The society may need a lot of offspring, and the polygamy system contributes to achieving this in a legitimate and fast manner, because a single wife does not give birth to only once a year. As for the man, he is able to fertilize more than one per year, so preventing him from marrying more than one means preventing him from Contribute to increasing the number of children that society needs .
Objections to the plurality system
Some may object to the pluralism system as follows :
Polygamy is a prejudice to the right of the first wife and the second wife, because each of them misses the jurisdiction and the isolation of the place of the husband's only wife, because had it not been for the legalization of polygamy, the first wife would have remained alone for her husband, and she would prepare for the second wife a husband of her own that no other wife shared with her .
Polygamy is an injustice to the first wife because it permits the second wife to stay in her house and share her husband in his love and money, and injustice is forbidden in Sharia and its prohibition is by preventing plural marriage .
Pluralism is forbidden in the Judaism and Christianity, and that is why we find that most peoples of the world at the present time prohibit pluralism and do not accept it affected by this religious prohibition, so it is in the interest to prohibit pluralism in Islamic law in line with the peoples of the world, especially since pluralism is a permissible and not a duty in Islam .
Polygamy has many tragedies, including the occurrence of divorce, the displacement of children, the occurrence of enmity and hatred between wives and their children, the father’s inability to take care of his children, and the state’s inability to fulfill its duties towards citizens due to the large number of offspring resulting from the permissibility of polygamy, as we observe it in Islamic peoples .
Override these objections
These objections are scanty and do not have the power to debate .
A - The claim that polygamy prejudices the right of the first and second wife is incorrect. The first wife does not have the right to object to her husband’s marriage to another after the justifications for his marriage have been established, and it is not in her interest to prevent him from this marriage or to declare her anger against him because her anger or prevention does not protect her from her husband. Or he does not keep his love and sincerity for her, so he misses the purpose for which she did not accept his marriage. As for the second wife, the legalization of polygamy did not miss the opportunity for her to gain her own husband, but rather gives her an opportunity to be a second wife, since she was unable to conquer the status of the husband's only wife, then it is in her interest to allow polygamy. She refused to marry him, so the choice is in her hands and there is no coercion in her marriage, so what is the matter of others who want to prevent polygamy and in this prohibition prevented her choice and the waste of her will? Do they want her to remain alone, without a husband, to make it easier to catch her and trap her in the traps of those who do not fear God and are not jealous of people's symptoms ?!
B - The claim that the polygamy system is injustice to the first wife because it allows the other to share her in her husband’s house, a claim based on emphasizing the interest of the first wife only without consideration or consideration for the interest of the second wife, and her interest is to be a legitimate wife protected from loss. There is no doubt that the insistence that only the interests of the first wife be considered is misplaced and unworthy of consideration because it is a minor and selfish consideration .
The first wife can stipulate for herself in the marriage contract that he should not marry her, and if he does that she has the right to separate from him, which is a condition that is permissible and legally permissible, it came in Al-Mughni in Hanbali jurisprudence and others. It is narrated on the authority of Umar bin Al-Khattab, Saad bin Abi Waqas, Muawiyah, and Amr bin Al-Aas, may God be pleased with them, and in it he said Shurayh, Omar bin Abdulaziz, Jabir bin Zaid, Pawoos, Al-Awza’i and Ishaq ).
C - Their saying that polygamy is forbidden in the Judaism and Christianity, an incorrect claim, as polygamy was permitted for the previous prophets as it was permissible for others. Our master Abraham, peace be upon him, married Sarah and then Hajar during Sarah’s life, and that Jacob, peace be upon him, married four wives, and that David and Solomon were married. By many women .
Newfield, the author of the Book of Marriage Laws of the Ancient Hebrews, says: ((The Talmud and the Torah together have permitted polygamy for its release, although some mathematicians advise intending the number of wives ))
As for the books of the old Christian religion, there was no explicit text in them prohibiting polygamy, but rather in the words of its great messenger, it was stated that it was desirable for a single wife to be satisfied for a cleric who was cut off from his worldly interests .
Walter Mark said the scientist, trust in the history of marriage : that polygamy, according to the Church's recognition, remained until the seventeenth century and was frequently repeated in cases that the church does not count .
Their claim that the peoples of the world no longer tolerate the plural system, an accusative claim that these peoples customarily and legally accept the prevalence of multiple mistresses and the prevalence of immorality and receive their sinful fruits, which are hundreds of thousands of illegal children every year, so these peoples have no right to disgust or reject the pluralism system .
As for their demand for the prohibition of pluralism in the law under the pretext of interest and conforming to the peoples of the world, and that it is permissible in the law and not from duties. After God legalized it and proved its interest? Accompanying the people of the world is not false or wrong, and being permissible does not allow its prohibition, because permissible is like a duty of what God has prescribed, and what God has prescribed is definitely interest in it, and no person can cancel and annul it .
Finally, we say: Their claim that the peoples of the world no longer tolerate the plural system this claim has become outdated, and the new is that the peoples of the world have taken a tendency towards it, but some of their writers and thinkers have called for the adoption of it and expected that the laws of Europe will adopt it, so Dr. Libon believes that European laws will It permits polygamy. Professor Ahrnville goes so far as to say that polygamy is necessary to preserve the survival of the Aryan dynasty .
The world's problems regarding the increase in the number of women are forcing those who are interested in them to say that the solution lies in the polygamy system, not in its way, so that one of the committees of the International Youth Congress held in Munich in 1948 recommended the necessity of adopting the polygamy system as a solution to the problem of increasing the number of women over the number of men in the world, And that the inhabitants of Bonn in Federal Germany asked the competent authorities in 1949 AD that it is necessary to explicitly stipulate in the German senator the permissibility of polygamy .
These facts have begun to impose themselves, and it is no longer possible to riot and confuse the system of pluralism in Islam. They still repeat old claims and old suspicions raised by the enemies of Islam long ago .
Assuming that there are many tragedies in the polygamous system, such as divorce ... etc., the answer to that is :
These tragedies are not as they said, nor to the extent that they claimed, for example, divorce increases if polygamy is forbidden and less if it is permitted, and homelessness is not caused by polygamy, but other things, as indicated by statistics .
The hatred between the two wives may occur, but it diminishes by spreading religious awareness and knowing the limits of Sharia and enmity between the children of the spouses may occur, but this forbidden may also occur between the brothers of a father or between the brothers of the mother without being caused by polygamy. In any case, spreading religious awareness and raising children well in the meanings of Islam reduces the estrangement between the children of the two wives .
As for the increase in childbirth due to polygamy, this is correct, but anything about it? The Muslims benefit from the increase in the number of children, and that their enemies are only irritated by this increase, and the reason is known. As for this increase, fathers fail to raise their children and make the state fail to provide the services required for its citizens, this is not correct because a father who is able to care for one child is able to care for the two children, and the state must appoint him financially if he needs, as some countries do. As for the state itself, the large number of children in it leads to an abundance of labor, and this leads to an increase in production, and this leads to an increase in the state's ability to provide services to its citizens. Whatever the case, the law of Islamic countries today, as a whole, is richer than any country or group of countries in the world, and it is only lacking in planning, organization and sincere cooperation in benefiting from what God has endowed with goodness and wealth .
In conclusion , the polygamy system is one of the merits of Sharia, not of its shortcomings, and it is what we cherish rather than what we are ashamed of, and it provides the decisive treatment for many individual and group problems, and its benefits outweigh the harms, and these few disadvantages come from its misuse rather than from itself. After all this, it is not permissible for a group of ignorant people to be allowed to disturb and riot against this original Islamic system and to allow this riot to spread by publishing it in newspapers and magazines and the laws being affected by it, as happened with great regret in some Islamic countries .
_PRINTER
Published on: 2016-07-16 (6037 Reads)
