Legal and social viability of polygamy : an analysis

In Islam, a Muslim male is allowed to have up to four wives provided all wives are treaty equally and do not suffer from any kind of discrimination. The divine injunction of equal treatment is actually for protecting rights of the wives. It is for this reason that many Muslim countries have enacted...

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Main Authors:	Ansari, Abdul Haseeb, Md Hassan Ahmed, Kyaw Hla Win
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2011
Subjects:	HQ The family. Marriage. Woman
Online Access:	http://irep.iium.edu.my/22071/ http://irep.iium.edu.my/22071/ http://irep.iium.edu.my/22071/1/5-Legal_and_Social_Viability_of_Polygamy_An_Analysis.pdf

id	iium-22071
recordtype	eprints
spelling	iium-220712013-07-03T04:10:02Z http://irep.iium.edu.my/22071/ Legal and social viability of polygamy : an analysis Ansari, Abdul Haseeb Md Hassan Ahmed, Kyaw Hla Win HQ The family. Marriage. Woman In Islam, a Muslim male is allowed to have up to four wives provided all wives are treaty equally and do not suffer from any kind of discrimination. The divine injunction of equal treatment is actually for protecting rights of the wives. It is for this reason that many Muslim countries have enacted laws for providing protection to wives. One of the notable legal principles is that a man, who has a wife, cannot marry with another female without permission of the first wife, and so on; or he can do so if allowed by the court of competent jurisdiction. Some other countries, like Tunisia, have banned polygamy. This, in effect, is denial to the right guaranteed in the SharÊ‘ah to both Muslim males and females, as in certain circumstances polygamy brings happiness to the family. For example, if wife is suffering from some kind of contagious disease and the husband is deprived of fulfilling his sexual desire, in view of the ban, he will have to divorce his first wife in order to marry with some other female. In India, in such a situation, there are reports that the firs wife, who is already in agony of a disease, is either burned or divorced on the basis of mutual consent, which is generally based on duress or payment of inappropriate amount of money. This is violation of matrimonial rights guaranteed by the SharÊ‘ah and constitutions of modern states. The paper discusses the human right aspect of polygamy referring to various religious positions and law in some Muslim countries. The paper concludes that polygamy should be allowed but law should be designed in such a way that the divine injunction of equal treatment of all wives is ensured. International Islamic University Malaysia 2011-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/22071/1/5-Legal_and_Social_Viability_of_Polygamy_An_Analysis.pdf Ansari, Abdul Haseeb and Md Hassan Ahmed, Kyaw Hla Win (2011) Legal and social viability of polygamy : an analysis. Journal of Islam in Asia, Spcl (4). pp. 397-414. ISSN 1823-0970 http://www.iium.edu.my/jiasia/ojs-2.2/index.php/Islam/index
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	HQ The family. Marriage. Woman
spellingShingle	HQ The family. Marriage. Woman Ansari, Abdul Haseeb Md Hassan Ahmed, Kyaw Hla Win Legal and social viability of polygamy : an analysis
description	In Islam, a Muslim male is allowed to have up to four wives provided all wives are treaty equally and do not suffer from any kind of discrimination. The divine injunction of equal treatment is actually for protecting rights of the wives. It is for this reason that many Muslim countries have enacted laws for providing protection to wives. One of the notable legal principles is that a man, who has a wife, cannot marry with another female without permission of the first wife, and so on; or he can do so if allowed by the court of competent jurisdiction. Some other countries, like Tunisia, have banned polygamy. This, in effect, is denial to the right guaranteed in the SharÊ‘ah to both Muslim males and females, as in certain circumstances polygamy brings happiness to the family. For example, if wife is suffering from some kind of contagious disease and the husband is deprived of fulfilling his sexual desire, in view of the ban, he will have to divorce his first wife in order to marry with some other female. In India, in such a situation, there are reports that the firs wife, who is already in agony of a disease, is either burned or divorced on the basis of mutual consent, which is generally based on duress or payment of inappropriate amount of money. This is violation of matrimonial rights guaranteed by the SharÊ‘ah and constitutions of modern states. The paper discusses the human right aspect of polygamy referring to various religious positions and law in some Muslim countries. The paper concludes that polygamy should be allowed but law should be designed in such a way that the divine injunction of equal treatment of all wives is ensured.
format	Article
author	Ansari, Abdul Haseeb Md Hassan Ahmed, Kyaw Hla Win
author_facet	Ansari, Abdul Haseeb Md Hassan Ahmed, Kyaw Hla Win
author_sort	Ansari, Abdul Haseeb
title	Legal and social viability of polygamy : an analysis
title_short	Legal and social viability of polygamy : an analysis
title_full	Legal and social viability of polygamy : an analysis
title_fullStr	Legal and social viability of polygamy : an analysis
title_full_unstemmed	Legal and social viability of polygamy : an analysis
title_sort	legal and social viability of polygamy : an analysis
publisher	International Islamic University Malaysia
publishDate	2011
url	http://irep.iium.edu.my/22071/ http://irep.iium.edu.my/22071/ http://irep.iium.edu.my/22071/1/5-Legal_and_Social_Viability_of_Polygamy_An_Analysis.pdf
first_indexed	2023-09-18T20:33:45Z
last_indexed	2023-09-18T20:33:45Z
_version_	1777408908516655104

Legal and social viability of polygamy : an analysis

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