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Legal and social viability of polygamy : an analysis

In Islam, a Muslim male is allowed to have up to four wives provided all wives are treaty equally and do not suffer from any kind of discrimination. The divine injunction of equal treatment is actually for protecting rights of the wives. It is for this reason that many Muslim countries have enacted...

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Main Authors: Ansari, Abdul Haseeb, Md Hassan Ahmed, Kyaw Hla Win
Format: Article
Language:English
Published: International Islamic University Malaysia 2011
Subjects:
HQ The family. Marriage. Woman
Online Access:http://irep.iium.edu.my/22071/1/5-Legal_and_Social_Viability_of_Polygamy_An_Analysis.pdf
http://irep.iium.edu.my/22071/
http://www.iium.edu.my/jiasia/ojs-2.2/index.php/Islam/index
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spelling my.iium.irep.220712013-07-03T04:10:02Z http://irep.iium.edu.my/22071/ Legal and social viability of polygamy : an analysis Ansari, Abdul Haseeb Md Hassan Ahmed, Kyaw Hla Win HQ The family. Marriage. Woman In Islam, a Muslim male is allowed to have up to four wives provided all wives are treaty equally and do not suffer from any kind of discrimination. The divine injunction of equal treatment is actually for protecting rights of the wives. It is for this reason that many Muslim countries have enacted laws for providing protection to wives. One of the notable legal principles is that a man, who has a wife, cannot marry with another female without permission of the first wife, and so on; or he can do so if allowed by the court of competent jurisdiction. Some other countries, like Tunisia, have banned polygamy. This, in effect, is denial to the right guaranteed in the Sharʑah to both Muslim males and females, as in certain circumstances polygamy brings happiness to the family. For example, if wife is suffering from some kind of contagious disease and the husband is deprived of fulfilling his sexual desire, in view of the ban, he will have to divorce his first wife in order to marry with some other female. In India, in such a situation, there are reports that the firs wife, who is already in agony of a disease, is either burned or divorced on the basis of mutual consent, which is generally based on duress or payment of inappropriate amount of money. This is violation of matrimonial rights guaranteed by the Sharʑah and constitutions of modern states. The paper discusses the human right aspect of polygamy referring to various religious positions and law in some Muslim countries. The paper concludes that polygamy should be allowed but law should be designed in such a way that the divine injunction of equal treatment of all wives is ensured. International Islamic University Malaysia 2011-12 Article REM application/pdf en http://irep.iium.edu.my/22071/1/5-Legal_and_Social_Viability_of_Polygamy_An_Analysis.pdf Ansari, Abdul Haseeb and Md Hassan Ahmed, Kyaw Hla Win (2011) Legal and social viability of polygamy : an analysis. Journal of Islam in Asia, Spcl (4). pp. 397-414. ISSN 1823-0970 http://www.iium.edu.my/jiasia/ojs-2.2/index.php/Islam/index
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic HQ The family. Marriage. Woman
spellingShingle HQ The family. Marriage. Woman
Ansari, Abdul Haseeb
Md Hassan Ahmed, Kyaw Hla Win
Legal and social viability of polygamy : an analysis
description In Islam, a Muslim male is allowed to have up to four wives provided all wives are treaty equally and do not suffer from any kind of discrimination. The divine injunction of equal treatment is actually for protecting rights of the wives. It is for this reason that many Muslim countries have enacted laws for providing protection to wives. One of the notable legal principles is that a man, who has a wife, cannot marry with another female without permission of the first wife, and so on; or he can do so if allowed by the court of competent jurisdiction. Some other countries, like Tunisia, have banned polygamy. This, in effect, is denial to the right guaranteed in the Sharʑah to both Muslim males and females, as in certain circumstances polygamy brings happiness to the family. For example, if wife is suffering from some kind of contagious disease and the husband is deprived of fulfilling his sexual desire, in view of the ban, he will have to divorce his first wife in order to marry with some other female. In India, in such a situation, there are reports that the firs wife, who is already in agony of a disease, is either burned or divorced on the basis of mutual consent, which is generally based on duress or payment of inappropriate amount of money. This is violation of matrimonial rights guaranteed by the Sharʑah and constitutions of modern states. The paper discusses the human right aspect of polygamy referring to various religious positions and law in some Muslim countries. The paper concludes that polygamy should be allowed but law should be designed in such a way that the divine injunction of equal treatment of all wives is ensured.
format Article
author Ansari, Abdul Haseeb
Md Hassan Ahmed, Kyaw Hla Win
author_facet Ansari, Abdul Haseeb
Md Hassan Ahmed, Kyaw Hla Win
author_sort Ansari, Abdul Haseeb
title Legal and social viability of polygamy : an analysis
title_short Legal and social viability of polygamy : an analysis
title_full Legal and social viability of polygamy : an analysis
title_fullStr Legal and social viability of polygamy : an analysis
title_full_unstemmed Legal and social viability of polygamy : an analysis
title_sort legal and social viability of polygamy : an analysis
publisher International Islamic University Malaysia
publishDate 2011
url http://irep.iium.edu.my/22071/1/5-Legal_and_Social_Viability_of_Polygamy_An_Analysis.pdf
http://irep.iium.edu.my/22071/
http://www.iium.edu.my/jiasia/ojs-2.2/index.php/Islam/index
_version_ 1643608343762173952
score 13.211869

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