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Interpretation: Justice in Marital Relations and the Limitations of Polygyny in the Holy Quran



Interpretation: Justice in Marital Relations and the Limitations of Polygyny in the Holy Quran


of Nokounam, May His Spirit be Sanctified (Session 1017)

Preface

The Holy Quran, like a radiant lamp, serves as humanitys guide along the path of life, and through its enlightening verses, it devotes meticulous attention to the regulation of human relations, particularly within the institution of the family. Verse 129 of Surah An-Nis, as a precious jewel within this luminous corpus, addresses one of the most complex social issues, namely polygyny, and with sagacious discourse, elucidates human limitations and the necessity of justice in this realm. This treatise, through reflection upon this noble verse and profound analyses based thereon, explores the concepts of justice, human dignity, and social responsibilities in marital relationships. The objective is to present a comprehensive perspective on this subject from a Quranic standpoint that simultaneously preserves the spiritual essence while considering contemporary social and cultural realities.

Section One: Explication of Verse 129 of Surah An-Nis and the Concept of Justice

وَلَنْ تَسْتَطِيعُوا أَنْ تَعْدِلُوا بَيْنَ النِّسَاءِ وَلَوْ حَرَصْتُمْ ۖ فَلَا تَمِيلُوا كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِ ۚ وَإِنْ تُصْلِحُوا وَتَتَّقُوا فَإِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا

And you will never be able to be equitable between wives, even if you should strive; so do not incline completely [toward one] and leave another hanging. And if you amend and fear Allah, then indeed Allah is ever Forgiving and Merciful.

This noble verse, like a mirror that reveals truth without concealment, exposes humanitys incapacity to establish perfect justice among spouses in the context of polygyny. The term لَنْ تَسْتَطِيعُوا categorically negates any possibility of achieving absolute justice, and even sincere efforts (وَلَوْ حَرَصْتُمْ) are deemed insufficient. This statement not only alludes to human limitations but also serves as a warning against emotional and social injustice that may arise under the shadow of polygyny.

Key Point: The absolute inability to achieve justice in polygyny does not negate its permissibility but rather serves as a cautionary note on its intrinsic difficulties and the imperative to avoid injustice toward spouses.

Justice Beyond Financial Matters

Justice within marital relations, akin to a flowing river, is not confined solely to financial provision but encompasses emotional, social, and legal dimensions. The Holy Quran, emphasising this comprehensiveness, enjoins men to maintain balance in all aspects of marital life. This concept is deeply connected with verse 3 of Surah An-Nis (فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً), which recommends monogamy in cases of inability to ensure justice. Justice functions as a pillar that upholds the edifice of the family, and any deficiency therein leads to emotional and social disintegration.

Prohibition of Complete Inclination Towards One Wife

The Holy Quran, through the phrase فَلَا تَمِيلُوا كُلَّ الْمَيْلِ, forbids total partiality towards one wife on account of beauty or youth, and considers such conduct as a form of injustice. This prohibition acts as a guardian preserving the dignity of all wives and prevents the abandonment of one in a state of suspension (كَالْمُعَلَّقَةِ). This concept aligns with verse 128 of Surah An-Nis (وَإِنِ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا) which forbids neglect and disregard of ones spouse.

Key Point: The prohibition of total inclination towards one wife reflects the Qurans attention to preserving human dignity and preventing emotional injustice in marital relationships.

Consequences of Injustice in Polygyny

The condition described as كَالْمُعَلَّقَةِ, like a dark shadow, depicts a woman who is deprived of marital rights and has no freedom to seek divorce. This state of suspension constitutes an injustice that the Holy Quran explicitly forbids, calling for the preservation of womens dignity. This concept corresponds with verse 229 of Surah Al-Baqarah (فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ) which emphasises benevolent conduct in marriage or divorce.

Section Two: Critique of Polygyny in the Social and Cultural Context

Challenges of Polygyny in Contemporary Societies

In current societies, especially among Persians, polygyny is like a plant that does not flourish in unsuitable soil. Social and economic transformations, including the complexities of modern life, have challenged mens ability to manage even one wife, let alone multiple spouses. This reality resonates with the emphasis in verse 129 of Surah An-Nis on the inability to maintain justice and indicates that polygyny in present circumstances is not only impractical but also leads to turmoil within the family.

Key Point: The incapacity of contemporary men to manage even one wife renders polygyny impractical and unsuitable in modern societies, particularly within Persian culture.

Cultural and Historical Differences

In traditional societies, such as the former agricultural and working communities, polygyny functioned as a social safeguard against social harms like prostitution due to womens self-sufficiency and social necessities. However, in the current era, this solution has become an obsolete instrument, losing its efficacy and instead exacerbating problems rather than resolving them. In some regions, like Khuzestan, local custom still accepts polygyny, whereas in Persian culture, rooted in monogamy, this practice faces resistance. This divergence demonstrates the influence of culture on social rulings, a factor the Holy Quran considers with an emphasis on justice and flexibility.

Cultural Roots of the Persians

Persian culture, like an ancient tree, is deeply rooted in monogamy. Historical sources concerning ancient Iran underscore the Persians adherence to monogamy. This cultural root aligns with modern social conditions and renders polygyny unacceptable among Persians. This viewpoint is consistent with verse 129 of Surah An-Nis which highlights the difficulty of justice in polygyny.

Alternative Social Solutions

Instead of polygyny, the eradication of poverty and facilitation of marriage opportunities for young people, like pure water, can resolve social issues such as prostitution. The Holy Quran, in verse 32 of Surah An-Nr (وَأَنْكِحُوا الْأَيَامَىٰ مِنْكُمْ), underscores the facilitation of marriage. This solution is not only in harmony with Quranic justice but also responds to the real needs of society.

Key Point: Alleviating poverty and easing marriage for the youth constitute Quranic and socially appropriate solutions that serve as alternatives to polygyny.

Section Three: Exceptions and Special Conditions in Polygyny

Polygyny in Special Circumstances

In cases where a wife, due to illness, old age, or incapacity, is unable to fulfil her conjugal role, the husband may, with legitimate religious or legal permission, take another wife, provided that the rights of the first wife are secured. This exception serves as a bridge that connects human needs with the preservation of justice. This concept aligns with verse 20 of Surah An-Nis (وَإِنْ أَرَدْتُمُ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ) which refers to the conditions of remarriage.

The Suspended Condition of Men

A man whose wife is unable to perform conjugal duties due to incapacity finds himself in a condition analogous to كَالْمُعَلَّقِ. This viewpoint reflects the Holy Qurans attention to the emotional and social needs of men, consistent with justice and human dignity. In such cases, marriage to a non-Muslim protected woman (Ahl al-Dhimmah) is permitted as an exception, according to verse 25 of Surah An-Nis (وَمَنْ لَمْ يَسْتَطِعْ مِنْكُمْ طَوْلًا أَنْ يَنْكِحَ الْمُحْصَنَاتِ الْمُؤْمِنَاتِ).

Consent of the Wife or Legal Permission

In special circumstances, such as the illness of a wife, the husbands remarriage requires the consent of the wife or legal authorisation. This condition acts as a safeguard to prevent injustice towards the first wife and is consistent with verse 129 of Surah An-Nis which emphasises avoidance of oppression.

Key Point: In special conditions, remarriage with justice and the consent of the wife or legal permission is permissible, whilst the responsibility to support the first wife remains intact.

Section Four: Divorce and Divine Clemency

Permissibility of Divorce in Case of Incompatibility

The Holy Quran permits divorce in the event of discord between spouses (وَإِنْ يَتَفَرَّقَا) and promises that Allah will enrich each from His abundance (يُغْنِي اللَّهُ كُلًّا مِنْ سَعَتِهِ). This promise, like a soothing breeze, alleviates concerns about separation and underscores divine wisdom in fulfilling human needs. This concept corresponds with verse 130 of Surah An-Nis and verse 229 of Surah Al-Baqarah.

Restriction on Divorce of Elderly Women

A man is not permitted to divorce a wife who has become incapable due to old age or illness, as she lacks the ability to live independently. This responsibility resembles a burden that the husband must bear, since Quranic justice mandates the protection of the vulnerable. This perspective aligns with verse 241 of Surah Al-Baqarah (وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ).

Permissibility of Divorce for Women Against Incapable Husbands

If a husband, due to incapacity, fails to meet the needs of his wife, she may seek divorce. This permission serves as a key that unlocks the impasse and ensures womens emotional and social rights. This concept is in accord with verse 228 of Surah Al-Baqarah (وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ).

The Role of the Ruler in Divorce

In circumstances where one party leaves the other in a suspended state, the ruler may grant permission for divorce. This role functions as a just mediator that guarantees justice in marital relations. This view corresponds with verse 35 of Surah An-Nis (فَابْعَثُوا حَكَمًا مِنْ أَهْلِهِ).

Key Point: Divorce is permissible in cases of incompatibility, but must be conducted with justice and protection for the vulnerable party to prevent suspension.

Section Five: Psychology and Social Justice

Psychology of Marital Relations