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Thus temporary marriage provided a solution to the dilemma in which both the weak and the strong found
themselves. It was also a step toward the final legalization of the complete marital life in which the objectives
of permanence, chastity, reproduction, love, and mercy, as well as the widening of the circle of relationships
through marriage ties were to be realized.
We may recall that the Qur‘ân adopted a gradual course in prohibiting intoxicants and usury, as these two
evils were widespread and deeply rooted in the jahili society. In the same manner‘ the Prophet (s.a.w.s.)
adopted a course of gradualism in the matter of sex, at first permitting temporary marriage as a step leading
away from fornication and adultery, and at the same time coming closer to the permanent marriage
relationship. He then prohibited it absolutely, as has been reported by ‘All and many other Companions.
Muslim has reported this in his Sahih, mentioning that al-Juhani was with the Prophet (s.a.w.s.) at the
conquest of Makkah and that the Prophet (s.a.w.s.) gave some Muslims permission to contract temporary
marriages. Al-Juhani said, “Before leaving Makkah the Messenger of Allâh
(s.a.w.s.)
prohibited it.” In
another version of the hadith we find the Prophet’s own words, “Allâh has made it haram until the Day of
Resurrection.”
The question then remains—Is temporary marriage (mut‘ah) absolutely haram, like marriage to one’s own
mother or daughter, or is it like the prohibition concerning the eating of pork or dead meat, which becomes
permissible under real necessity, the necessity in this case being the fear of committing the sin of zina ?
The majority of the Companions held the view that after the completion of the Islâmic legislation, temporary
marriage was made absolutely haram. Ibn ‘Abbas, however, held a different opinion, permitting it under
necessity. A person asked him about marrying women on a temporary basis and he permitted him to do so.
A servant of his then asked, “Is this not under hard conditions, when women are few and the like?” and he
replied, “Yes.” (Compiled by al-Bukhâri.) Later, however, when Ibn ‘Abbas saw that people had become lax
and were engaging in temporary marriages without necessity, he withdrew his ruling, reversing his opinion.
(Zad al-Mi‘ad,vol.4,p. 7. Bayhaqi transmitted it and Muslim as well.)
Marrying More Than One Woman
Islâm is a way of life consonant with nature, providing human solutions to complex situations and avoiding
extremes. This characteristic of Islâm can be observed most clearly in its stand concerning the taking of
more than one wife. Islâm permits the Muslim to marry more than one woman in order to resolve some very
pressing human problems, individual as well as social.
Many peoples and religions prior to Islâm permitted marriage to a host of women, whose number reached
tens and sometimes hundreds, without any condition or restriction. Islâm, on the other hand, laid down
definite restrictions and conditions for polygamy.
With regard to the restriction, it limited to four the maximum number of wives a man might have. When
Ghailan al-Thaqafi accepted Islâm, he had ten wives. “Choose four of them and divorce the rest,‘‘ (Reported
by al-Shafi‘i, Ahmad, al-Tirmidhî,Ibn Mâjah, Ibn Abi Shaybah, al-Darqutni, and Bayhaqi.) the Prophet
(s.a.w.s.) told him. Similarly, some men who had eight (Reported by Abû Daoud in his Musnad.) or five
(Reported by Ahmad, al-Darimi, Ibn Hibban, al-Hakim, and the compilers of Sunan (Abû Daoud, al-Nisai,
and Ibn Mâjah).) wives at the time of embracing Islâm were told by the Prophet (s.a.w.s.) to retain only four.
The case of the Prophet (s.a.w.s.), who himself had nine wives, was exempted from this by Allâh for the
sake of da‘wah (the propagation of the message of Islâm) during his lifetime and because of the need of the
Muslim ummah after his death.
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Justice Among Wives - A Condition
The condition which Islâm lays down for permitting a man to have more than one wife is confidence on his
part that he will be able to deal equitably with his two or more wives in the matter of food, drink, housing,
clothing and expenses, as well as in the division of his time between them. Anyone who lacks the assurance
that he will be able to fulfill all these obligations with justice and equality is prohibited by Allâh Ta‘ala from
marrying more than one woman, for Allâh Ta‘ala says:...But if you fear that you will not be able to do justice
(among them), then (marry) only one....(4:3) And the Prophet (s.a.w.s.) said, Anyone who has two wives and
does not treat them equally will come on the Day of Resurrection dragging one part of his body which will be
hanging down. (Reported by the compilers of Sunan and by Ibn Hibban and al-Hakim.)
The equal treatment mentioned here pertains to the rights of the wives, not to the love the husband feels
towed them, for equality in the division of love is beyond human capacity and any imbalance in this regard is
forgiven by Allâh Ta‘ala who says: And you will not be able to do justice among (your) wives, however much
you may wish to. But do not turn away (from one of them) altogether....(4:139)
This is why the Prophet (s.a.w.s.) used to divide his time among his wives equally, saying, O Allâh, this is my
division in regard to what I can control. Then do not take me to task regarding what Thou controllest and I do
not control (Reported by the compilers of Sunan.), referring to the attachment and affection which he felt for
one particular wife. And when he planned to go on a journey, Allâh’s Messenger (s.a.w.s.) would cast lots
among his wives, and the one who was chosen by lot would accompany him. (Compiled by al-Bukhâri and
Muslim.)
Why Marriage to More Than One Woman is Permited in Islâm
Islâm is the last and final word of Allâh Subhanahu wa Ta‘ala, ending the series of His messages to
mankind. It therefore came with a general law suitable for all times and places, and for the whole of
humanity. It did not legislate for the city dweller only, while neglecting the nomad, nor for the cold regions
while ignoring the hot ones, nor for one particular period of time, forgetting later times and the generations to
come.
Islâm recognizes the needs and interests of all people, of individuals as well as groups. And among human
beings one finds that individual who has a strong desire for children but whose wife is barren, chronically ill,
or has some other problem. Would it not be more considerate on her part and better for him the marry a
second wife who can bear him children, while retaining the first wife with all her rights guaranteed?
Then there may also be the case of a man whose desire for sex is strong, while his wife has little desire for
it, or who is chronically ill, has long menstrual periods, or the like, while her husbis unable to restrain his
sexual urge. Should it not be permitted to him to marry a second wife instead of his hunting around for
girlfriends?
There are also times when women outnumber men, as for example after wars which often decimate the
ranks of men. In such a situation‘ it is in the interests of the society and of women themselves that they
become co-wives to a man instead of spending their entire lives without marriage, deprived of the peace,
affection, and protection of marital life and the joy of motherhood for which they naturally yearn with all their
hearts.
Only three possible alternatives exist for such surplus women who are not married as first wives:
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