Introduction
Basis of marriage has been arranged by Islam since 15th century ago as a way to maintain the relationship between humans. And the one of most common issues in marriage in Islam is polygamy . Some of Islamic scholars maintain that it is part of Islamic jurisprudence and hence men can take up to four wives, if they want to, with reasonable cause even. And some other is refused it because it is show unfair in Islam.
So in this a short paper will explain what is polygamy and its legal status in Islam, why Islam is allowed it and what is the concept of fair in polygamy.
The Meaning of Polygamy
The word of polygamy refers from Greece language. This word is taken from word poli or polus which means many. And gamein or gamos which means marriage or marrying. Then when the two words are combined this will mean a lot of the marriage. So polygamy is a system of marriage whereby one person has more than one pair. Polygamy can be of two types . One is Polygyny where a man marries more than one woman, and the other is polyandry, where a woman marries more than one man.
The Legal Status of Polygamy in Islam
Islamic scholars in the issue of polygamy have a different opinion. But on the whole they can be classified in three:
1. Groups that do not allow men marry more than one woman, except under certain conditions. That they be convinced about this generally refereed to contemporary Islamic thinker, such as Syah Waliyullah, Sayyid Ahmad khan, Muhammad 'Abduh, Qasim Amin, Fazlur Rahman and others.
2. Groups that allow men marry more than one woman. This opinion is refereed to ulama salaf.
3. Groups that allow marrying more than four. This opinion is refereed to madzhab dhahiri.
The difference in opinion is caused by the difference in the way understanding Surah an-Nisa 'verse 3 , as a basis for the determination of the legal status of polygamy in Islam. But when we see to this verse, actually we will find a number of facts are evident :
1. That polygamy is neither mandatory, nor encouraged, but merely permitted.
2. That the permission to practice polygamy is not associated with mere satisfaction of passion. It is rather associated with compassion toward widows and orphans, a matter that is confirmed by the atmosphere in which the verse was revealed.
3. That even in such a situation, the permission is far more restricted than the normal practice which existed among the Arabs and other people at that time when many married as many as ten or more wives.
4. That dealing justly with one’s wives is an obligation. This applies to housing, food, clothing, kind treatment..etc., for which the husband is fully responsible. If one is not sure of being able to deal justly with them
So the conclusion of those facts is that verse is to remind these people who do polygamy to be fair to his wives and try to minimize the amount of his wives that he did not do wrong to his family.
The reason for allowing polygamy
The reason for not prohibiting polygamy categorically is perhaps due to the fact that there are certain conditions which face individuals and societies in different places and at different times, which make the limited practice of polygamy a better solution than either divorce or the hypocritical pretence of morality . But most of Islamic scholars is agree that polygamy is allowed if :
1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heirs.
2. to maintain the integrity of the family without divorce wife. Even the wife can not do her duty as a wife, because of disability or disease.
3. to save her husband who get a hypersexual from the act of adultery and other moral crisis.
4. polygamy is allowed for people who are able to do justice. both in the economic or psychological.
5. if the number of women more than the number of men, that can occur because of the war as in such as at the time of Rasulullah.
The main thing is that the existence of polygamy in Islam is as a way out of the existing social problems, especially to build a family. So, when we talk about polygamy is not to try to answer the questions of monogamy and polygamy, but this refers more to the existing conditions. And other things that also are not less important. Polygamy for a woman is as a two-edged knife. On the one hand he was faced in the effort to defend her husbands love. And On the one hand he was faced on the social problem. That is if she leaves polygamy she was closing the opportunities for other women to obtain a husband .
The Concept Fair in Polygamy
Anshri Thayib in his book writes the concept of fair in polygamy that must be fulfill for every husband who do polygamy. That fair in polygamy is fair in:
1. Share the love
2. Share attention and emotion
3. To give a wife the right form of livelihood
4. Provide opportunities through
Conclusion
Polygamy in Islam is one of the settlements of social problems in the community, especially to deal with problems that arise because of the large number of women than men. polygamy is allowed for people who are able to do justice. both in the economic or psychological and the condition that allowed him.
Referensi
Anshari Thayib, Struktur rumah tangga muslim, (Surabaya: Risalah gusti, 1994)
Drs. Khoiruddin Nasution, Riba dan Poligami: Sebuah studi atas pemikiran Muhammad ‘Abduh, (Yogyakarta: Pustaka Pelajar, 1996)
Masjfuk Zuhdi, Masail Fiqhiyyah, (Jakarta: Haji masagung, 1993)
http://www.thecheers.org/Religion/article_507_Polygamy-in-Islam.html/13-02-2009
http://www.al-islamforall.org/litre/Englitre/polygainis.htm/13-02-2009
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