[soc.religion.islam] Mohd Rashid Rida on Mohd Abduh on Polygamy

aabiyaba@athena.mit.edu (08/08/90)

Muhammad Rashid Rida (died 1935) was a pupil of the Egyptian scholar
Muhammad Abduh (died 1905) who was a notable protege of the modern
muslim Persian thinker Jamal ad-Din al-Afghani (died 1897).  Here
Muhammad Rashid Rida writes from al-Azhar University.

	Ahmed Biyabani

Muhammad Rashid Rida on Muhammad Abduh on Polygamy
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Muhammad Abduh has said: Whoever considers the two [Quranic verses
relating to polygamy] correctly acknowledges that permission for
polygamy in Islam applies (only) with the most severe restriction.
Polygamy is like one of those necessities which is permitted to the
one to whom it is allowed (only) with the stipulation that he act
fairly with trustworthiness and that he be immune from injustice
(al-jaur).  In view of this restriction, when one now considers what
corruption results from polygamy in modern times, then one will know
for certain that a people (umma) cannot be trained so that their
remedy lies in polygamy, since, in a family in which a single man has
two wives, no beneficial situation and no order prevail.  Rather, the
man and his wives each mutually assist in the ruin of the family, as
if each of them were the enemy of the other; and also the children
then become enemies to one another.  The corruption of polygamy
carries over from the individual to the family and from the family to
the (entire) people.

Muhammad Abduh has said: Polygamy had advantages in the early period
of Islam, among the most important at that time being that it brought
about the bond of blood relationship and of relationship by marriage,
so that the feeling of tribal solidarity was strengthened.  Also, at
that time it did not lead to the same harm (darar) that it does today,
since at that time the religion was firmly rooted in the souls of
women and men ...  Today, on the other hand, the harm (darar) of every
additional wife (darra) carries over to her child, its father, and its
other relatives.  The wife stirs up enmity and hatred among them; she
incites her husband to enmity against his brothers and sisters, and
she incites her husband to suppress the rights of the children which
he has from other wives.  The husband, on the other hand, follows in
the folly of the wife whom he loves the most, and thus ruin creeps
into the entire family.  If one wished to enmuerate specifically the
disadvantages and mishaps that result from polygamy, then one would
present something that would cause the blood of the believers to
curdle.  This includes theft and adultery, lies and deceit, cowardice
and deception, indeed even murder, so that the child kills the father,
the father kills the child, the wife kills the husband, and the
husband kills the wife.  All this is tangible and is demonstrated from
the (records of the) courts of justice.

It may suffice here to refer to the (poor) education of the (modern)
woman, who knows neither the worth (qima) of the husband nor that of
the child and finds herself in ignorance concerning herself and her
religion, knowing of religion only legends and errors which she has
snatched up from others like herself and which are not found either in
the scriptures or in (the sayings of) the prophets [pbut] who have
been sent.  If women had the benefit of a proper religious education,
so that religion had the highest power over their hearts and would
prevail over jealousy, then no harm would grow out of polygamy for the
people of today ... .  However, since the matter now stands as we see
and hear it, there is no possibility of educating the people so long
as polygamy is widespread among them.  Thus, it is the duty of
scholars to investigate this problem, (that is) especially the
Hanafite scholars, in whose hand the matter lies (in the Ottoman
empire and its spheres of influence), and whose opinion is
determinative (here).  They do not deny that religion was sent down
for the use and benefit of mankind and that it belongs to the
principles of religion to prevent harm and injury.  Now if at a
(certain) time (that is, the present), corruption results from
something that was not connected with it earlier, it is without doubt
necessary to alter the laws and adapt them to the actual situation,
that is, according to the principle that one must prevent the
deterioration beforehand in order then to bring about the well-being
(of the community).  Muhammad Abduh has said: Hence, it is recognized
that polygamy is strictly forbidden when the fear exists that one
cannot act fairly.

... It has been said before that permission for polygamy is restricted
since a stipulation is imposed which is so difficult to realize that
it represents the same as a prohibition against polygamy.  Further, it
has been said that to him who fears that he is unable to act equitably
it is forbidden to marry more than one wife.  This is not, as has been
done by some students (of al-Azhar University), to be understood in
the sense that a marriage settlement is null and void when it has been
completed under such circumstances, since the prohibition (given here)
is not so firm that it could require the negation of the marriage
settlement.  The husband may indeed fear that he will act unjustly,
but yet not do so.  And he may act unjustly, but then repent and act
equitably and thus lead a legitimate life ... .

I (Muhammad Rashid Rida) say: Add to this that polygamy is at variance
with the natural fundamental rule (asl) in the nature of marriage,
since the fundamental rule is that the man is to have a single wife
and that he is her mate as she is his.  Polygamy is, however, a
necessity that befalls human society (under sertain circumstances,
that is) especially [in communities that may be engaged in war].
Polygamy is permitted to them only in the case of necessity, and then
only wit the stipulation that neither injustice nor oppression will
occur thereby.  This problem requires further discussion.  So the
wisdom of the plurality and the number (of wives) is discussed, and
there must be discussion as to the extent to which the administrators
of the law are in a position to impede the perversion of polygamy
through restraint when the harm done through polygamy becomes
widespread, as is seen to be the case in Eqypt.