Does polygamy favour men in the Muslim community?

Does polygamy favour men in the Muslim community?


There is an argument put forward by non-Muslims in the country that, polygamy is forbidden to 90% of men in the country by the Law and how can it be allowed as a favour to the 10% of men?

First, we all need to understand that 'permission to polygamy' is not a favour to Muslim men. It is an additional responsibility vested on them. This arrangement is made to avoid a situation where women could be used for men sexual needs and left without any marital rights.

In Islam, if a man needs to have a sexual relationship with a woman, first he must ensure that the woman is entitled to have all legitimate marital rights including property rights over him by a marriage. Also, it is an arrangement made to build a society without prostitution and extramarital relationship (in prostitution and extramarital relationship, always women could be the suffering party). 

Islam prohibited prostitution and extramarital relationship and declared it as a punishable offence.

Are there conclusive evidences to establish that, in a community where polygamy is banned by the Law, there is no prostitution or extramarital relationships?

If so, why there is a need for separate sections in the Maintenance Act for illegitimate children? 

Those women who engage in extramarital relationships do not get any marital rights including property rights from the men who are partners of such activity. 

Also, the children born in such extramarital relationships do not get any legal recognition in terms of inheriting the properties of their fathers.

Is this situation favourable to women and children? 

Is this the protection we are expecting to give women and children in the Muslim community too?

It needs to be highlighted that, in a community where polygamy is banned by law but not the prostitution and extramarital relationship, a man could engage in many sexual relationships apart from his wife. 


Here, the possibility of spreading sexually transmitted diseases is also very high.

Thus, again, I would like to emphasise here is that polygamy is not a luxury or favour to men, but it is a mechanism to ensure the rights of women, children and society as a whole.


Shifana Sharifudeen
LLB, Attorney-at-Law


 


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