 Polygamy can be confused as polyandry, that means to have multiple husbands at once,

but that's prohibited in Islam in Q4:24.

 Plurality in marriage: Islam takes account of the fact that when marriages take place,
immediate and extended families unite causing the society to become familial and
therefore there increased chances of men marrying multiple women, as opposed to only
one.
 Islam only allows polygamy subject to certain conditions that aren't judicial, but related
to one's conscience. 'As an exception'
 Sunni, Shi'i jurists, interpret Q4:3 in the same manner and agree that it allows men to
have 4 wives, subject to certain conditions. The conditions of equity, jurists hold, are for
the man to decide upon, not the court. Verse 4:129 goes on to say "You will never be
able to keep ˹emotional˺ equity among your wives, no matter how keen you are. This
is enough evidence that polygamy isn't recommended by the religion, more than an
exception.
 It's not clear whether the condition of equal treatment extends to maintenance or
emotional affection, but the Quran clarified that to be fair in terms of the latter would be
impossible Q4:129.
 Doi (1984) argues that this condition extends to sexual relationship, food, residence,
clothing, time spending. He further states situations when polygamy is the best solution:
natural desire.
 Welchman (1988) legal remedies for women suffering because of polygamy are limited.
Jordanian law allows stipulations.
 Hinchcliffe (1970) a fifth marriage will be void. He argues now polygamy is decreasing
as women are more educated.
 Polygamy remains a matter of individual conscience, discretion & convenience.

Reasons behind it: personal, economic, social, customary, traditions, morality. low sex ratio,
natural reasons such as aggressive sexual needs, more marriageable females than males, men
being drawn to more than one woman, appeal to power, property, beauty, children: a very
popular factor, to have an heir or many, status symbol, multiple wives sharing the burden of the
house, interfamily alliance, domestic friendship, where abortion is forbidden or sexual
expression tightly restrained to marriage, excessive casualties in war of men.

Polygamy is common in societies where there's a high sex ratio, absence of sexual jealousy, and
severe poverty,

 Before Islam: After Islam's arrival, the various variants of polygamy existing were
discouraged, such as wife lending, temporary 'muta'a' marriages, secret cohabitation of
couples, marriage by purchase, marriage by exchange, marriage by inheritance, marriage
by capture, marriage for services, concubinage, etc. Islam replaced these abusive and
backward exercises with contractual marriages subjected to conditions, allowed men to
cohabit with slaves and according to the Shi'ite belief, the Muta'a marriage remained.
Side Effects: As Abd-al-Ati states, polygamy might solve social problems but it also creates new
ones..

disputes between the family arise and so do economic pressures, as Westermarck said history
displays this activity was common among Kings and Rulers, not poorer people. Hebrews
practiced this. Bible sets no limits on the number of wives. King Soloman had several wives and
even more concubines. This common practice doesn't necessarily mean lawfulness.

Islam's outlook Islam neither excessively promotes polygamy, nor prohibits it and never does it
describe it as an article of faith or an injunction. It subjects it to conditions of equity and fairness
the man must fulfill. Adam and Eve were monogamous, but Holy Prophet PBUH was not, so
neither of the two is the universal type of valid marriage. Quranic verses 4:3 and 4:129 as
interpreted by jurists, only allow multiple marriages when there's a risk of injustice to orphan
women and forbids it if the man can't satisfy all his wives fairly. 4:129 goes onto state that, men
will not be able to do justice hence, in the ultimate verdict, polygamy is unlawful.

The contrasting view is that, Holy Prophet's PBUH sunnah legalized polygamy. However, all
Sunni schools recognize the doctrine of "suspended repudiation" giving the wife a right to
divorce if the man does something objectionable, such as mary again. Hanbali considers this a
binding obligation (4:41).

why did Islam allow polygyny? Different scholars have provided their two cents on why Islam
may have allowed polygamy, knowing that it's not easy for men to treat two or four women
justly, it's said that Muslims required to grow their community rapidly, helpless widows and
orphans needed new families to live with, marriage institution needed a reform, in war-time
women were under the threat of being exploited. Stern comments the Holy Prophet's PBUH's
example of polygamy was to deal with the emergency of such situations.

Other than that, moral grounds were also a key factor. Similarly, the role of guardians was
reinforced so that women are not manipulated by ill-intentioned men. As in some cases, the
alternate would be adultery, fornication, and that's why Islam let polygyny stay.

Islam did prescribe other solutions, patience and self-control. Polygyny works to fill gaps left by
them.

The Quranic verse is narrated as a warning against injustice and inequity.

Verse 4:19 "O believers! It is not permissible for you to inherit women against their will or
mistreat them to make them return some of the dowry ˹as a ransom for divorce˺—unless they are
found guilty of adultery. Treat them fairly. If you happen to dislike them, you may hate
something which Allah turns into a great blessing."

Jeffery holds that polygyny is a male prerogative. To cocunter this, Ibn Qayyim a Muslim
scholar comments that if 'polyandry' was allowed, lineage would be lost and male spouses would
conflict or harm their wife. Polygyny is different as women are sexually modest and they
respond differently post-intercourse. He argued that God as reward gave men the right to
polygyny for the hardworks they undertake. 'Men endure much uneasiness as opposed to the
jealousy of women'. polyandry, a female having many husbands, is strictly forbidden in
Surah 4:24.

In most civilizations, women outnumber men and the former depend upon the latter, for shelter,
considering this, the Shari'ah couldn't allow women to seek refuge in houses of men they weren't
married to, asthey could easily be exploited.

Alternatives to polygamy:

childless couples can try in-vitro fertilization, artificial insemination or surrogacy, as alternatives
to polygamy. adoption is also an option. Men with sick wives can hire a care taker instead of
brining in another wife.

Defending polygamy because of a hyper libido of men diminishes women to "submissive objects
for men's physical hunger and satisfaction." This goes against the Quranic teaching that both men
and women have sexual needs, so women sharing their husbands do suffer in that sense.

Critique: Islam has been criticized for enabling patriarchal ideals and favoring men, Surah 4:3
privileges only men with multiple mates. Its argued that men licitly enjoy pleasure while women
are limited by their sexual morality.

Counter: Islam recognizes a woman's right to pleasure which the husband can't refuse more than
four months at a time.

Verse 4:129 goes on to say "You will never be able to keep ˹emotional˺ equity among your
wives, no matter how keen you are. This is enough evidence that polygamy isn't recommended
by the religion, more than an exception.

Polygyny produces critical distress for women, often ending in withdrawal. Some scholars argue
that polygyny offers friendship amongst the wives as Homa Hoodfar debates, "it can create a
private, secured place for women's activities". Al-Mawdudi and Qutub have asserted that
because men have strong sexual urges, they are allotted multiple wives so that unions or family
lives arent disrupted. Polygyny, according to them is a 'safety valve'. In contrast: Mazhur Ul
Haq Khan criticizes polygyny for the stagnation of Islam and its decay, fall arguing that
women have become dull, insecure and become poor mothers because of the pain they go
through. The Quran made polygyny "depend on ensuring justice for women. Therefore, if men
use this as a reason to enjoy pleasure, they make a mockery of Quranic teachings. Verse 33:50,
Holy Prophet PBUH was exceptional and allowed more than four wives, for being God's
messenger. It's not justified to permit a man to keep multiple wives like they keep vehicles or
cows.

Example of the Holy Prophet PBUH

Holy Prophet PBUH married 11 women, out of which ten were widows. For 23 years he was
limited to a monogamous life with his wife Hazrat Khadija R.A. His wife Umm Salama was a
widow and mother of four children, Hafsa, Umme Habibah, Zainab, Jawwairiyah, Saffiya and
Sawdah, among others, were widows as well. He helped them and took care of household
errands and the kids, also there's no proof of him ever being unfair to his wives. Common men in
contrast, cannot, according to this Surah, deal justly with many wives as declared in Surah 33:4,
"Allah has not made For any man two hearts"

Druze and Ismailis, sects of Shia Muslims ban polygamy.

In Egyptian law, a man must prove a sound financial rank before marrying again. Less than
0.05% of marriages in Egypt are polygynous.

Singapore, Iraq and two Malay states require a man to ask before marrying more than once. In
Egypt, Iran, and Pakistan, the wives can file for divorce if the male is unable to provide for them.

Eligibility for marriage: In verse 4:23, God laid out a list of women which a man can not marry
under any circumstances, the marriage will be invalid.

MOdern Reforms

No modern reformer advocates polygamy because it was Prophet Muhammad's PBUH intent to
do so.

Modernists agree that abolishing polygamy in Arabia back then would have been a tedious job
but the ultimate plan of the Prophet PBUH was to modify marriage from a polygamous to a
monogamous relationship

Reforms

Mahmudunnasir (1968) states legislative provisions can help in the abolition of polygamy. As
done by Turkey and Tunisia.

Ottoman Family Law, the first official code of Islamic family law, 1917 is applicable in
Lebanon and pronounces: Once a woman stipulates against polygamy, the provision is
enforceable.

Tunisia: Tunisia has eliminated polygamy entirely. The first Islamic nation to rebuild its legal
system more liberally, based on European standards. This also transformed marriage.
Mahmudunnasir (1968) states legislative provisions can help in the abolition of polygamy. As
done by Turkey and Tunisia. Tunisia in 1956 banned polygamy as a criminal offence. Tunisia, as
Hinchcliffe (1970) writes, remained Islamic while adopting modern reforms, with its jurists and
President Bourguiba's support, making the country stand out the most. Article 11, Tunisian Code
of the Personal States, 1956, allows stipulations, upon their breach the party can opt for
dissolution.
Syria 1953 law No.59, A.17 allows the Qadi to not allow men already married to take second
wives, but the law doesn't render void marriages when men didn't seek permission. The Syrian
Law of Personal Status (1953) only permits en to marry another wife i he proves resources to
maintain them equally. Syrian law of Personal Status (1975) article 14(2) specifies that: If a
stipulation inserts a provision advantageous to women, and doesn't restrain the liberty of the man
the condition is conclusive.

Iraq in 1959 abolished polygamy but due to strong conservative opposition, was modified in
1963 to allow limited polygamy

Morocco in 1958, banned polygamy when men treated wives unequally, by allowing women to
stipulate in contracts to not let men marry twice. This shows the importance of stipulations.
Further, a second marriage can't be conducted until the first wife has been noticed. Maliki law
allows such wives to claim a divorce. Morocco's Code of Personal Status of 1957 and 1958 in
Article 3 holds a woman has a right to specify in the contract that her husband won't marry
another wife, as an enforceable stipulation.

Jordanian law of 1951, only allows remedy to the extent of stipulations in the contract against
polygamy.

Jordanian law of Personal Status No. 61 (1976) enforces stipulations that are valid following
Hanbali law. Article 19(1) states that: If the wife stipulates a condition favorable to her, is not
unlawful, such as against polygyny, it'll be valid.

Iran's more radical reform in family protection act 1967, obliging men to seek permission from
the court. The court then examined circumstances, the existing wife, financial standing and
capacity to do justice to both wives. Breach of this law results in penalty or imprisonment (the
marriage remains valid).

Egypt only allows polygamous complains if its established that ill-treatment has occurred.
Hinchcliffe (1970) states Egyptian law hasn't adopted Maliki doctrine. Egyptian Law of Personal
Status, since 1962, also limit polygamy and restrain men from unilaterally divorcing their wife.
Against countries who have banned polygamy,

Doi (1984) argues, they have gone against Quranic Injunctions by demanding the man to notify
official bodies before exercising his right. Add thats reforms haven't been useful, men secretly do
marry.

Siddiqi (1980) argues, it's not right to ban polygamy but the state can allow the conditions a
polygamous marriage must fulfil, justice and equal treatment.

Pakistan

[Resham Bibi b Muhammad Shafi] it was held that the mere fact a husband has married again
doesn't prove cruelty or unfair treatment. The facts revealed the wife has lived with the second
wife for years without complaining.

[khan v Zarina Begum] a young woman was granted Khul because the husband had married
again when he already had children, he wasn't rich either.

MFLO S.6(1) controls the husbands discretion to take a second wife but provides little effective
help. Hence it is possible in Pakistan to exercise polygamy without courts permission. MFLO
states; the permission letter must state reasons for the second marriage and previous wives'
consent. The Chairman then if satisfies that the purposes are just and necessary, may grant
permissions. The grounds for judging necessity are: insanity, sterility, physical unfitness for
conjugal relations, wilfully neglect on the existing wive's part. S. 6(5)(a) orders men to pay
proper dower to women, this shows lack of judicial remedy.

Rubya Mahdi (1994) Pakistan puts impressive restrictions but the requirement of prior
permission from the Arbitrary Council is a mere formality.

Back him (1994) MFLO fails to act as an effective deterrent.

Pakistani commission in its report suggested it would be in the interest of justice to oblige men to
take court order so that only rare and just cases of polygamy are allowed.

Maulana Thanvi argues to ban polygamy means a desire to copy the West blindly, because the
nature allows men to marry more than one wife and he threatened of a social disruption may
arise. He added that the Court has no right to intervene unless women reach to it.
It appears that MFLO can be easily ignored, and Pakistan has a soft approach.

In [Ejaz Muhammad v Humaira] it was held that if the second wife was not told of the first
marriage, she could file a complaint.

[Sher Muhammad v State] reveals I'm Pakistan polygamy isn't a cognizable offence and the
women must come forward with evidence of unjust treatment.

[Aslam v Ghulam] 1971, shows polygamous marriages remain valid even if arbitration council's
permission isn't sought. Mehdi (1994) adds, the fact that validity isn't challenged, of such
marriages, is negative enough for women. Anjum (1992) argues, this is a real threat for women.

Good progress in Pakistan

Supreme Court of Pakistan has demonstrated progress, [Faheemuddin v Sabiha] Zullah C.J held,
to hide one marriage from another is a criminal act, it shatters the loving wife's trust, causing
grievance to both wives.

It's a ground for divorce under DMMA 1939 when polygamous marriage conflicts with MFLO.

Tyabji (1972) argues polygamy isn't just living with two wives at once, but means the husband
abandons the first wife completely in most cases.

Stipulations
Abd Allah ibn-i-Mas'ud stated, quoting Abu Hurayra (R.A) that Holy Prophet (PBUH) affirmed
it is unfair to stipulate that the cowife be divorced.

Holy Prophet stated "Any stipulation that is not in the Quran is void."'
Also, the Prophet (PBUH) discouraged stipulations that legitimize an unlawful thing or forbids
something legal.

The Holy Qur'an states: "0 you who believe abide by your contracts". "And fulfill every
engagement, for it will be enquired into (on the day of the Reckoning)" (27:34). "And fulfil the
covenant of Allah when you have covenanted"

Hanafis oppose stipulations against polygyny, but they allow talaq-al-tafwid stipulation.