[38th Thread: Polygamy]

Polygamy is by far one of my most discussed topic on IMT. Some says to normalize it, others not; many says it's permissible but others considered it as recommanded.
So what's the actual issue & if is it even recommended or just made permissible 1/
Introduction
Polygamy is derived from polygamía(state of marriage to multiple spouses). Polygamy in India is outlawed but here I wanna discuss the Islamic perspective on it. The most common argument on it is it's Sunnah? Is it?

Definition
The definition of Sunnah can be 2/
Divided into 3 meanings :-
1. Hagiographical
Everything related to Rasulallah(s) is considered as Sunnah; his speech, acts, affirmations/negations, mannerisms etc.

2. Traditional
Sunnah here is synonymous with Hadith. However, there is a difference between Sunnah & Hadith 3/
Sunnah is hujjah(authoritative)for us,Hadith aren't intrinsically; they can be fabricated.Moreover,a Hadith could be authentic(due to Sanad[chain]doesn't mean the matn/content is also truthful.
But Sunnah if proven Qati'(conclusive)is a hujjah.

3. Jurisprudential
A source 4/
for the principles used in the derivation of rulings of various Islamic Jurisprudence matters.

Now,Polygamy is a jurisprudential issue, we need to find its permissibility & recommandation from Qur'an & Hadith.

Qur'an argument
The verse that mentions about polygamy is {4:3} 5/
Explanation
The words مثنى، ثلاث و ربٰع[two, three & four] are verbs paradigms- maf'al & fu'al- which signifies that the root word is repetitive; the verse is addressed to all individuals & the numbers are separated by و/and which implies 'choice'. So, the choice of marrying 6/
2/3/4. But the next clause
فان خفتم ألاّ تعدلوا فواحدة
has interesting grammatical implications. The word ألا is formed by 2 words - أ(interrogative particle/(همزة استفهام is used to form a question.
The word لا(negation/اسم لا) is used to negate an entity.
Combining we get 7/
A negative interrogation which DISPROVES the idea that it allows to marry 2/3/4 in one marriage contract or that it permits to marry 2 together & so on.
The word فواحدة is formed of ف + وحدة - then + one.
The word ف(الفاء واقعة في جواب الشرط)/prefixed result particle) here is 8/
used to indicate the result of a condition, immediately.
Result - وحدة/One
Condition - تعدلوا/you do justice

Meaning if #justice is difficult to do then stick with one(as the person cannot marry 2 together).

What kind of Justice?

Which justice Qur'an is talking of?
9/
(ontological, legislative, familial, social, political, judicial, economical, racial etc) Justice or Real justice.
Or we interpret as per social acceptance and norms.

Since Polygamy is jurisprudential issue & the verse establishes a law so it's legislative in nature. 10/
To implement this law, one needs to fulfil the condition else the verse implies 'mere permissibility'.

Context of the Verse

The verse was revealed in context of orphans as the word اليتامى means; then connected to فانكحوا/marriage.Which means this verse was revealed about 11/
Orphan girls; and it can extend to widows, divorcees or even unmarrieds who don't get proposals.

Hadith
There is no Hadith given in recommandation of polygamy.
The permissibility is already derived from Quran but even that verse doesn't recommand it.

Is it Sunnah?
Sunnah 12/
can be interpreted in 2 ways.

1. Absolute
Whatever Rasulallah(s)did become Sunnah even if he did it once.
But then Rasulullah had eaten honey, traveled on a horse, wore a certain dress & a lot; but didn't command it, would it call Sunnah?
No evidence of that.

2. Specific
13/
Something he commanded us to do as an imitation.
For ex- Marriage is usually Sunnah but here it means marrying one as the famous Hadith goes, النكاح سنتي فمن لم يعمل بسنتي فليس مني
Do we have any such Hadith on Polygamy?NO, we don't! And so recommandation of Polygamy cant be 14/
Established.

Customary usage(عرف)/'urf & Time & Place(زمان ومكان)/zaman wa makan

If Polygamy was a custom in the past, it doesn't fulfil the 'urf in contemporary time nor place.
Bcz our life has become complicated, needs has aggrandized & we aren't capable of doing justice. 15/
Even in marrying 1, marriage doesn't turns blissful, tranquil, joyous unless couples invest in it. Investment of love, compassion, respect, caring, communication, time, commitment etc. All of this seem to be difficult to fulfil even in marriage with 1, hence rise in divorces. 16/
Even if one is blessed with abundant wealth,he can help other virgin to marry divorcee,widow.

However due to his being affluent, can do justice without ruining his previous marriage & provides equally with no favor then he may do that.
But let's get bachelors marry 1 first 17/
Common counter argument
I've seen such comments defending polygamy based conjectures.
They come up with the same recycled arguments. See if one thinks he can do polygamy then go for it & do it yourself as it's permissible but trying to normalize it using such arguments is 18/
detrimental & causes only sedition in the community.
One said that there are many countries where polygamy is performed.

Response :-- Culture isn't an hujjah for an act in Shari'ah. And even if it's common in some nations, doesn't means we try to normalize it in India. 19/
And please don't consider women as objects, properties or machines of reproduction.
They're beings as well with emotions, free will, intellect, life purpose, goals. I don't knoq where this comes from, but this is Unislamic as Islam seeks equity/إنصاف between gender.

Some may 20/
ask where Rasulullah prohibit polygamy? Any case.
Yes, there is as given in below Hadith(image 1).

How about 4 Imams of Fiqh?.
As given in jurisprudential books, all Imams have opined to have one wife along with other scholars(classical & contemporary). Else they mentioned 21/
The conditions mentioned in Qur'an.

Marriage isn't just about fulfilling legal responsibilities but also ethical obligations as the below Hadith stated.

In many places like Egypt,Al-Azhar(the premier institution of Islamic scholarship)has been rethinking about it.
21/
In sum, polygamy is allowed in Islam with strict conditions,but it is recommended for a man to marry only one wife at a time.

Polygamy is only permissible if a man is fair to his co-wives and he does not harm any of them physically or emotionally.

Don't be like this, men!! 22/
Tagging you guys on this thread I made on polygamy after I saw unnecessary dispute regarding it.
I try to write it in an academic approach...

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