Disclaimer: This article is directly based on the Arabic lecture series: The Jurisprudence of Women by Sayyed Kamal Al-Haydari, episodes 40-45. What is written here is only part of the argument on this topic so to get a deeper understanding you can review his full lectures.

Polygamy is no doubt one of the most controversial topics in relation to Islamic laws in the modern age. There is no shortage of debate surrounding this topic, however, what does the Quran have to say about it? We all know that marriage is a part of the Sunnah and it has a significant religious importance, but does this apply in the case of polygamy? Are multiple marriages also religiously recommended in the same way that marriage in the general sense is recommended? Does a man who is already married, have the right to decide to marry another woman whenever he likes, or are there guidelines that exist pertaining to the practice?

When a man intending to marry more than one woman is asked if he will be able to financially support multiple families, his answer is often in the affirmative. And when he is asked if he is capable of meeting the social needs of multiple families and dealing with each family’s complex circumstances, he is often confident that he can. However, it often occurs that such a man has underestimated the enormity of supporting multiple families, and that his decision to engage in polygamy was a hasty one. Of even greater importance is that raising multiple families does not just affect the individuals directly engaged. Every family is part of a larger social network, implying that the impact of polygamy extends to the fabric of an entire society.

We see that in some societies, when a couple seeks to adopt an orphan, there is thorough assessment of the adopters’ familial backgrounds, their financial status and capability, their psychological statuses, and their life history, before the couple is legally permitted to adopt the child. These regulations recognise the enormous responsibility and complex needs of raising a child. How then, can a man attempt to raise up to four families, with the confidence that it is unconditionally permitted in Islam?

Let us take a look at what stands as the most stated support for the practice of marrying up to four women – verse 3 of Surah Al-Nisa’:

“And if you fear that you cannot act equitably towards orphans, then marry such [other] women as seem good to you, two and three and four; but if you fear that you will not do justice [between them], then [marry] only one or what your right hands possess; this is nearer that you may not deviate from the right course”

While this verse does suggest the notion of marrying up to four wives, it does not present polygamy as unconditional. The words ‘if you fear’ are a clear indication of a condition, further confirmed by the complimentary words ‘then marry such [other] women’. The meaning of the verse must be taken in light of all the conditions stated in the verse, before it, and after it, for there to be a just and appropriate interpretation of what Allah (swt) intends with the suggestion of polygamy. We must take the structure of the verses as a way of building a valid idea holistically, in the same way we build bricks upon bricks and join wooden pieces together to make a building.

As beginning of the above verse suggests, the verse prior (verse 2) speaks about orphans, not about marriage:

“And give to the orphans their properties and and do not substitute the worthless [things of your own] for the good [of theirs]. And do not consume their properties into your own. Indeed, that is ever a great sin”

And again in verse 6, Allah (swt) says:

“And test the orphans until they reach [the age of] maturity, then if you find in them maturity of intellect, release their property to them, and do not consume it extravagantly and hastily, lest they attain to full age; and whoever is rich, let him abstain altogether, and whoever is poor, let him eat reasonably; then when you release their property to them, call witnesses in their presence; and Allah is enough as a Reckoner”.

So this begs the question: is the Holy Quran in these verses concerned about marriage, or about orphans; their property, their rights and their being treated justly? The verses both before and after Allah’s mention of marrying more than one woman are both about orphans and their financial and social rights. Once taken holistically, the condition for polygamy becomes clear: if one fears that he cannot help and provide for orphans justly due to difficulties in entering their homes and providing for them in a religiously acceptable manner, then he is permitted to marry the mother of the orphans.

There is much controversy surrounding the interpretation of this verse. Many interpreters have deduced that the statement’ and if you fear that you cannot act equitably towards orphans’ refers to marriage of female orphans, and that the words ‘then marry such [other] women as seem good to you, two and three and four’ mean that one should not marry female orphans if he cannot treat them justly, but instead marry women who are not orphans. But Allah (swt) speaks of the orphans’ financial rights in the verses surrounding the mention of polygamy, indicating that ‘act[ing] equitably towards orphans’ refers to financial equitability and justice- not marital justice; the verse did not say ‘and if you fear that you cannot act equitably in marriage’.

Furthermore, the Arabic term used for orphans in verse 3 is yatama,which grammatically refers to both female and male orphans. Had the verse meant to refer to female orphans only, it would have employed the Arabic term yateemat, which specifies the feminine form of orphans. Moreover, the phrase “give to the orphans their property” uses the gender-neutral plural terms atuhum ujurahum, reiterating that this verse does not refer to female orphans and their property, unlike some interpreters suggest. Therefore, in referring to the widowed mothers of orphans and not to orphaned females, the verse in question is offering a solution to the problems faced by families lacking the support of a father figure. The verse addresses the point that caring for orphans is not simply a financial and materialistic matter, but also one concerning their social, emotional and educational wellbeing. So, the purpose is to serve those in need in the community and not towards one’s personal interests and desires.

Unfortunately, the conditions surrounding the practice of polygamy are not largely heeded. In fact, the idea of equitability and justice proposed in the verse that refers to orphans has been widely and readily misinterpreted as a reference to justice between multiple wives, entirely disregarding the context of the verse. Allah (swt) suggests the practice of polygamy only in the case where one is concerned about the welfare and safety of orphans and widows, and willing to materialistically support them from his own income and accommodate their needs. This in turn is designed to address social issues of poverty. The Quran is thus promoting the idea that those who can afford it, and those who are confident that they can treat the orphans with equality, should consider caring for the orphans and be responsible for their upbringing. This consideration can be done by marrying, if appropriate, the mothers of the orphans.

The Quran frames polygamy as a psychologically, emotionally, and financially sensitive solution to the problems faced by disadvantaged families, and, in turn, societies. Polygamy in the Quran is therefore not suggested as an unconditional, general proposal that refers to marriage in general. It is a practical solution, and a way of preserving social and familial welfare.

The above is a translation of an Arabic talk that was given by Sister Kawthar Al-Safi at a Ladies as Leaders Wednesday program.

Translated by: Abrar Abdulridha

Edited by: Dr. Iman Al-Attar