إجازة الأستاذ أحمد لبن مدير المنتدى بقراءة الإمام عاصم الكوفي

What is the legal status of polygamy in Islam? Bahrain-scholars-660x318-2-660x318

What is the legal status of polygamy in Islam?
=====================================
The verse which allows polygamy "was revealed after the battle of Uhud in which many Muslims were killed, leaving widows and orphans for whom due care was incumbent upon the Muslim survivors."(5)

The translation of the verse is as follows:
==================================
"If you fear that you shall not he able to deal justly with the orphans, marry women of your choice, two, or three, or four: but if you fear that you shall not be able to deal justly (with them), then (marry) only one...." (Qur'an 4:3)

From this verse 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 peoples at that time whereby they 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.

the Qur'an says:
=============
"then (marry) only one. (Qur'an 4:3)

This verse, when combined with another verse in the same chapter shows some discouragement of such plural marriages the other verse plainly states:

"you are never able to be fair and just as between even if it is your ardent desire…" (Qur'an 4:129)

The requirement of justice rules out the fantasy that man can “own as many as he pleases (6) it also rules out the concept of “secondary wife” for all wives have exactly the same status and are entitled to identical rights and claims over their husband. It also provide enough support for any of his wives, she can go to the court and for a divorce.

(5) the verse says “marry” not “kidnap, buy, or seduce”. What is “marriage” as understood in Islam? Marriage in Islam is a civil contract which is not valid unless both contracting parties consent to it. Thus no wife can be forced or “given” to husband who is already married.

It is thus a free choice of both parties.

As to the first wife:
================
(a) She may be barren or ill and see in polygamy a better solution than divorce.

(b) She may divorce herself if her husband is married to a second wife provided that he gives her this right.

(c) She can go to court and ask for a divorce if there is evidence of mistreatment or injustice inflicted upon her.

But if polygamy is discouraged and loaded with such constraints, would it not have been better if the Qur’an simply forbade it? To answer this question, we may have to raise another one;

Can polygamy be a better solution in some cases?
==========================================
Scholars in the past and at present, Muslims and non-Muslims, have consistently pointed out such cases. The following are a few examples which are tied in with the general approach of islam to individual and social problems.

(a) Individual Cases:
1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heirs.

In a situation as this, the man would either have to:
- Suffer the deprivation of fatherhood for life.

- Divorce his barren wife and get married to another woman who is not barren.

In many cases, neither solution can be considered as the best alternative. Polygamy would have the advantage of preserving the marital relationship without depriving the man of fathering children of his own.

2. A man whose wife becomes chronically ill would have one of several possible alternatives:
- He may suppress his instinctive sexual needs for the rest of his life.

- He may divorce his sick wife at the time when she needs his compassion most, and get married to another woman, thus legally satisfying his instinctive needs.

- Or he could compromise by keeping his sick wife, and secretly take for himself one or more illicit sex partners

Let us discuss these alternatives from the point of view of the Islamic teachings. The first solution is against human nature. Islam recognizes sex and sexual needs and provides for legitimate means for their satisfaction. The second solution is clearly less compassionate, especially where there is love between the two parties.

Furthermore divorce is described by Prophet Muhammad (Peace be upon him) as the "permitted thing which is hated most by God."

The last solution is plainly against the Islamic teachings which forbid illicit sexual relations in any form.

To sum up, Islam being against immorality, hypocritical pretense of morality, and against divorce unless no better solution is available, provides for a better alternative which is consistent with human nature and with the preservation of pure and legitimate sexual relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is, after all, an optional solution.

(b) Social cases:
==============
1. Anthropologists tell us that among various tribes and societies, polygamy is a social and economic necessity. In some very poor areas, the infant mortality is very high. Children on the other hand, are a source of additional labour for the earning capacity of the family.

To have more children under such situations would require the practice of polygamy. It is for this very reason Christian missionaries in some African regions justified their permission to local people to practice polygamy without being excommunicated from the church. One researcher has even found, through his studies that women in such societies not only accept polygamy, but some of them even prefer this.(7)

2. Aside from cases where women outnumber men , devastating wars, in the past and at present, have taken their toll mainly among men the result is not simply more women who cannot find husbands but even more widows who may aspire to a respectable family life in such a situation, polygamy is bad, the limitation on polygamy is even far worse.

Both unmarried women and widows are human beings unless their instinctive needs are legitimately satisfied, the temptations is great for corruption and immorality. But aside from the moral question these women are also exploited. They are used as tools for men’s pleasures, yet have no guarantees, no rights or security, financial or emotional. Should they become pregnant, it is their burden alone.

But even if such women are ready to pay the price of this personally, society also suffers seriously from such situations. The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s maladjusted and even criminals. Furthermore it is inhuman, humiliating for those children to grow up without knowing who their fathers were and without enjoying a clean and normal family life.

One question remains:
==================
Why not polyandry (plurality of husbands for the same woman)?
It is evident that the nature of women is physiologically and psychologically different from that of men. Psychologically speaking, the woman is monogamous by her very nature.
Furthermore, in all cultures, new and old, the headship of the family had two or more heads.
Furthermore, if the woman is married to more than one husband, which would be the father of her children?

Is polygamy immoral per se?
=======================
      To shorten the discussion, let us begin with the assumption that religions are acceptable sources of "morals." Let us also select two religions (Judaism and Christianity) which are the closest to Islam, in order to see where they stand on that issue.

     (a) In Judaism: It is notable that most of the Old Testament Prophets were polygamous.

According to the Old Testament, Ibrahim "the friend of God" had more than one wife, David had one hundred wives, and Solomon is even said to have had 700 wives and 300 concubines.

       If polygamy is immoral per se, then these and other leading figures in the Biblical traditions are immoral. In this case, there would be no sanctity attached to the Bible, its Prophets, or its teachings, Yet no sincere Jew, Christian, or Muslim would regard God's chosen Messengers as immoral persons!

The Dictionary of the Bible stales:
============================
     Polygamy meets us as a fact: e.g. Ibrahim, Jacob, the Judges, David, Solomon...In Deuteronomy 17:17, the king is warned not to multiply wives; later regulations fixed the number at eighteen for a king and four for an ordinary man. (1)

         The philosophy behind the legalization of polygamy is explained in the encyclopedia Biblica:
     "The man who owns his wife as a chattel can on the same principle own as many as he pleases that is to say, as many as he can afford to buy and keep..

The Talmudists formulate the rule that no Jew may have more than four wives, kings may have at most eighteen". (2)

      lt was only at the beginning of the eleventh century! (about four centuries after the advent of Islam) that polygamy was expressly prohibited in Judaism.

What is the legal status of polygamy in Islam? 2013_110

According to Westermarck:
======================
"Among European Jews polygyny was still practiced during the Middle ages, and among Jews living in Muhammadan countries it occurs even to this day. An express prohibition of it was not pronounced until the convening of the Rabbincal Synod at worms in the beginning of the eleventh century.

This prohibition was originally made for the Jews living in Germany And Northern France, but it was successively adopted in all European countries. Nevertheless, The Jewish Marriage Code retained many Provisions which originated at a time when polygyny was still legally in existence."(3)

(b) In Christianity As the Old Testament is a vital part of the Christian faith, it cannot be disregarded in this discussion. It was concerning the Old Testament laws and the Old Testament Prophets that Jesus (Peace be upon him) said plainly that he came not to destroy the Law or the Prophets but rather to fulfill. In addition, there is no passage in the New Testament that clearly prohibits polygamy. This was the understanding of the early Church Fathers and for several centuries in the Christianera.

Westermarck, the noted authority on the history of human marriage states:

==============================================================

"Considering that monogamy prevailed as the only legitimate form of marriage in Greece and Rome, it cannot be said that Christianity introduced obligatory monogamy in the Western World. Indeed, although the New Testament assumes monogamy as the normal or ideal form of marriage, it does not expressly prohibit polygyny except in the case of a bishop and a deacon. It has been argued that it was not necessary for the first Christian teachers to condemn polygyny because monogamy was the universal role among peoples in whose midst it was preached; but this is certainly not true of the Jews, who still both permitted and practiced polygyny at the beginning of the Christian era."

Some of the Fathers accused the Jewish Rabhis of sensuality, but no Council of the Church in the earliest centuries opposed polygyny, and no obstacle was put in the way of its practice by kings in countries where it had occurred in the times of paganism. In the middle of the sixth century Diarmait, King of Ireland, had two queens and two concubines.

Polygyny was frequently practiced by the Merovingian Kings. Charles the Great had two wives and many concubines; and one of his laws seems to imply that polygyny was not unknown even among priests. In later times Philip of Hesse and Frederick Villaim II of Prussia contracted bigamous marriages with the saijction of the Lutheran clergy. Luther himself approved of the bigamy of the former, and so did Melanchthon. On various occasions Luther speaks of polygyny with considerable toleration. It had not been forbidden by God; even Ibrahim, who was a "perfect Christian," had two wives. It is true that God had allowed such marriage to certain men of the Old Testament only in particular circumstances, and if a Christian wanted to follow their example he had to show that the circumstances were similar in his case; but polygamy was undoubtedly preferable to divorce. In 1650, soon after the Peace of Westphalia, when the population had been greatly reduced by the Thirty Years' War, the Frankish Kreistag at Nuremberg passed the resolution that thenceforth every man should be allowed to marry two women. Certain sects of Christians have even advocated polygyny with much fervor. In 1531 the Anabaptists openly preached at Munster that he who wants to be a true Christian must have several wives.

And the Mormons, as all the world knows, regard polygyny as a divine institution.(4)

What is the legal status of polygamy in Islam?
======================================
     The verse which allows polygamy "was revealed after the battle of Uhud in which many Muslims were killed, leaving widows and orphans for whom due care was incumbent upon the Muslim survivors."(5)

The translation of the verse is as follows:
==================================
     "If you fear that you shall not he able to deal justly with the orphans, marry women of your choice, two, or three, or four: but if you fear that you shall not be able to deal justly (with them), then (marry) only one...." (Qur'an 4:3)

From this verse 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 peoples at that time whereby they 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.

the Qur'an says:
=============
"then (marry) only one. (Qur'an 4:3)
       This verse, when combined with another verse in the same chapter shows some discouragement of such plural marriages the other verse plainly states:
     "you are never able to be fair and just as between even if it is your ardent desire…"
(Qur'an 4:129)

      The requirement of justice rules out the fantasy that man can “own as many as he pleases (6) it also rules out the concept of “secondary wife” for all wives have exactly the same status and are entitled to identical rights and claims over their husband. It also provide enough support for any of his wives, she can go to the court and for a divorce.

      (5) the verse says “marry” not “kidnap, buy, or seduce”. What is “marriage” as understood in Islam? Marriage in Islam is a civil contract which is not valid unless both contracting parties consent to it. Thus no wife can be forced or “given” to husband who is already married.

      It is thus a free choice of both parties.

As to the first wife:
================
      (a) She may be barren or ill and see in polygamy a better solution than divorce.

      (b) She may divorce herself if her husband is married to a second wife provided that he gives her this right.

     (c) She can go to court and ask for a divorce if there is evidence of mistreatment or injustice inflicted upon her.

    But if polygamy is discouraged and loaded with such constraints, would it not have been better if the Qur’an simply forbade it? To answer this question, we may have to raise another one;

Can polygamy be a better solution in some cases?
     Scholars in the past and at present, Muslims and non-Muslims, have consistently pointed out such cases. The following are a few examples which are tied in with the general approach of islam to individual and social problems.

    (a) Individual Cases:
    =================
     1. A man who discovers that his wife is barren, and who at the same time instinctively aspires to have children and heirs.

In a situation as this, the man would either have to:
- Suffer the deprivation of fatherhood for life.

- Divorce his barren wife and get married to another woman who is not barren.

     In many cases, neither solution can be considered as the best alternative. Polygamy would have the advantage of preserving the marital relationship without depriving the man of fathering children of his own.

    2. A man whose wife becomes chronically ill would have one of several possible alternatives:
- He may suppress his instinctive sexual needs for the rest of his life.

- He may divorce his sick wife at the time when she needs his compassion most, and get married to another woman, thus legally satisfying his instinctive needs.

- Or he could compromise by keeping his sick wife, and secretly take for himself one or more illicit sex partners

     Let us discuss these alternatives from the point of view of the Islamic teachings. The first solution is against human nature. Islam recognizes sex and sexual needs and provides for legitimate means for their satisfaction. The second solution is clearly less compassionate, especially where there is love between the two parties. Furthermore divorce is described by Prophet Muhammad (Peace be upon him) as the "permitted thing which is hated most by God." The last solution is plainly against the Islamic teachings which forbid illicit sexual relations in any form.

     To sum up, Islam being against immorality, hypocritical pretense of morality, and against divorce unless no better solution is available, provides for a better alternative which is consistent with human nature and with the preservation of pure and legitimate sexual relationships. In a situation like this, it is doubtful that any solution would be better than polygamy, which is, after all, an optional solution.

(b) Social cases:
==============
     1. Anthropologists tell us that among various tribes and societies, polygamy is a social and economic necessity. In some very poor areas, the infant mortality is very high.

Children on the other hand, are a source of additional labour for the earning capacity of the family. To have more children under such situations would require the practice of polygamy. It is for this very reason Christian missionaries in some African regions justified their permission to local people to practice polygamy without being excommunicated from the church. One researcher has even found, through his studies that women in such societies not only accept polygamy, but some of them even prefer this.(7)

2.Aside from cases where women outnumber men , devastating wars, in the past and at present, have taken their toll mainly among men the result is not simply more women who cannot find husbands but even more widows who may aspire to a respectable family life in such a situation, polygamy is bad, the limitation on polygamy is even far worse.

Both unmarried women and widows are human beings unless their instinctive needs are legitimately satisfied, the temptations is great for corruption and immorality. But aside from the moral question these women are also exploited. They are used as tools for men’s pleasures, yet have no guarantees, no rights or security, financial or emotional. Should they become pregnant, it is their burden alone. But even if such women are ready to pay the price of this personally, society also suffers seriously from such situations. The increasing number of illegitimate children born today under conditions such as these provides a potential base for tomorrow’s maladjusted and even criminals. Furthermore it is inhuman, humiliating for those children to grow up without knowing who their fathers were and without enjoying a clean and normal family life.

One question remains:
==================
Why not polyandry (plurality of husbands for the same woman)?
      It is evident that the nature of women is physiologically and psychologically different from that of men. Psychologically speaking, the woman is monogamous by her very nature.
Furthermore, in all cultures, new and old, the headship of the family had two or more heads.
Furthermore, if the woman is married to more than one husband, which would be the father of her children?

CONCLUSION
===========
      It is now evident that the association of “polygamy” with Islam is not only unfair or biased but based on serious misunderstanding.

Polygamy was practiced, often without limitations, in almost all cultures. It was sanctioned by various religions, and practiced both before Islam and for many centuries thereafter. It is presently practiced, though secretly, buy the Mormons, (1) and it is allowed by Christian missionaries in Africa and other areas where polygamy is a social necessity.

    It is both honest and accurate to say that it is Islam which regulated this practice, limited it, made it more humane, and instituted equal rights and status for all wives. What the Qur’anic decrees amount to. Taken together, is a discouragement of polygamy unless necessity for it exists.

     It is also evident that the general rule in Islam is monogamy and not polygamy. How ever permission to practice limited polygamy is only consistant with Islam’s realistic view of the nature of man and woman and of the various social needs, problems, and cultural variations.

      The question is, however, far more than the inherent flexibility of Islam; it is the frank and straightforward approach of Islam in dealing with practical problems. Rather than requiring hypocritical and superficial compliance, Islam delves deeper into the problems of individuals and societies, and provides for legitimate and clean solutions which are far more beneficial than would be the case if they were ignored. There is no doubt that the second wife legally married and treated kindly is better off than a mistress without any legal rights or security. There is no doubt also that the legitimate child of a polygamous father, born in the "full light of day," and who enjoys all the rights and privileges of a son or daughter, is far better off than the wanted or unwanted illegitimate child.

     It is fair also to say that polygamy may be harmful in many respects. Islam, however, does not regard polygamy as a substitute for monogamy. Realizing its disadvantages Islam allows it under strict conditions and when no better alternative is available. This is actually consistent with a general rule in Islamic Law, "The Lesser of two evils." This means that if a harm is certain, and if there is no way to avert such harm unless some other harm is done, then it is better to cause the lesser harm in order to avoid the greater. It is like a captain who gets rid of the ship's freight in order to save the lives of the sailors.

      This vitality, flexibility, and far-sightedness of the teachings of Islam cannot possibly be attributed to any man or group of men, including Prophet Muhammad (Peace be upon him) himself. Its secret lies simply in its Divine Source, God Most High, who knows in entirety what human needs and problems are.

     Man can reject the guidance of God, become his own god, and establish his own standards of morality. Ultimately, however, he may discover the mirage that alluded him. A few honest questions finally: What is the situation in countries which banned polygamy?

Do they really enjoy sincere and faithful "monogamy"? What is the degree of cohesion of the family? are there any significant number of mistress, "sweethearts", and illegitimate children? How observant are married men and women of the strict "monogamous" relationship? Are infidelity and secret extramarital sexual relationships more than the legitimate, legally-protected husband-wife relationships, even polygamy if there is a pressing need for it? Which of the two situations is best?

      After all, Islam, by its very nature, is a universal religion which is revealed by God to guide people in all places and at all times.

    This guidance can hardly be secured by avoiding issues and problems which are real, even as they are relevant to human life on earth with its diversity. Hypocrisy, apology, or burying one's head in the sand are hardly realistic means of achieving righteous human life.

They are not effective in achieving moral upliftment either!

CHAPTER 3
==========
INTRODUCTION
=============
        The subject of Muslim woman's dress may sound trivial for some people. The Shari'ah, however, assigns it moral, social, and legal dimensions.

        One basic requirement to be a true believer according to the Qur'an is to make one's opinions, feelings, and inclinations subservient to whatever Allah and His Messenger have decided:

     "It is not befitting for a believer, man or woman, when a matter has been decided by Allah and His Apostle to have any option about their decision: if any one disobeys Allah and His Apostle, he is indeed on a clearly wrong path." (Quran: 33: 36)

    Placing, therefore, one's personal opinions, feelings, or inclinations above or at the same level as the commandments of Allah is the ultimate of human pride and vanity. This means, in effect, that a mortal is responding to Allah's guidance saying: "O my creator'.' Your Law is Your Own opinion. I have my own opinion, and I know best What is good for me."

This attitude is befitting for unbelievers and hypocrites, but not for a believer no matter how imperfect (all are! )one may be in implementing Islam in one's life.(1)

The exposition of truth in an honest and straight forward way may thus cause some unease even to good and sincere Muslims. it may seem safer and diplomatic to avoid the issue altogether, or to present it in a diluted and vague way. It is even safer and more diplomatic to explicitly or implicitly condone each other's infractions, to help each other find excuses and to rationalize our disobedience to Allah subhanahu wata'ala.

This attitude is neither new nor is it without consequences. As the Qur'an presents it;

      "Curses were pronounced on those among the Children of Israel who rejected faith , by the Tongue of Dawood (David) and of Esa (Jesus) the Son of Mary; because they disobeyed and persisted in excesses. Nor did they (usually) forbid one another the iniquities which they committed; evil indeed were the deeds which they did". (Qur'an 5: 78-79)

REQUIREMENTS IN DRESS
======================
THE FIRST REQUIREMENT:
======================
Extent of Covering
------------------------------
      The dress must cover the whole body except for the areas specifically exempted.

The Qur’an states:
===============
"Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them. And Allah is well acquainted with all that they do.

And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O you believers! Turn all toward Allah that you may attain bliss." (Qur'an: 24:30-31)

These 'ayahs contain, among other things, two main injunctions:

======================================================

1. A Muslim woman should not display her beauty and adornment (zeenah) except for "that which must ordinarily appear of it" (1) (ma dhahara minha), or "that which is apparent." (2)

The word zeenah (3) lends itself to two related meanings:

================================================

a) natural or bodily beauty, (4)
b) acquired adornment such as rings, bracelets, and clothes.

The part of zeenah, exempted from the above injunction, was interpreted ill two ways:

==================================================================

a) The face and the hands. This is the interpretation of the majority of the jurist , past and present.(5) This interpretation is confirmed by Ijma' (consensus) that a Muslim woman is not allowed to cover her face and hands during pilgrimage, while she is allowed to uncover them (the face and hands) during prayers, the rest of her body is regarded as awrah (that which should be covered). (6) This interpretation is based on the authority of Prophet Muhammad (Peace blessing be upon him), especially the Hadith in which he says:

    "….If the woman reaches the age of puberty, no (part of her body) should be seen but this - and he pointed to his face and hand."

     b) whatever appears of the woman's body owing to uncontrollable factors such as the blowing of the wind, or out of necessity such as the bracelets or even the outer clothes themselves.(7)

    2. The headcovers (khumur) should be drawn over the neck slits (juyoob). Khumur is the plural of the Arabic word "khimar" which means a headcover.(8) Juyoob is the plural of the Arabic word `jaiyb" (a derivative of jawb or cutting) refers to the neck slit (of the dress).

This means that the headcover should be drawn so as to cover not only the hair, but it should also be drawn over the neck and to be extended so as to cover the bosom.

THE SECOND REQUIREMENT: Looseness
==================================
The dress must be loose enough so as not to describe the shape of a woman's body. This is consistent with the intent of the 'ayahs cited above (24:30-31) and is surely a crucial aspect of hiding Zeenah. Even moderately-tight clothes which cover the whole body but describe the shape of such attractive parts of the woman's body as the bustline, the waist, the buttocks, the back and the thighs: If these are not part of the natural beauty or zeenah what else is?

Prophet Muhammad (Peace be upon him) once received a thick garment as a gift. He gave it to osamah b. Zayd, who in turn gave it to his wife. when asked by Prophet why he did not wear it, Osamah indicated that he gave it to his wife.

The Prophet then said to Osamah:
============================
"ask her to use a gholalah under it (the garment) for i fear that it (the garment) may describe the size of her bones."(9) The word gholalah in Arabic means a thick fabric worn under the dress to prevent it from describing the shape of the body.

     A highly desirable way of concealing the shape of the body is to wear a cloak over the garment. The Prophet (Peace be upon him), however, indicated that if the woman's dress meets the Islamic standards it suffices (without a cloak) even for the validity of prayers,(10)

THE THIRD REQUIREMENT: Thickness
================================
      The dress should be thick enough so as not to show the color of the skin it covers, or the shape of the body which it is supposed to hide.

      The purpose of `ayah (24:31) is to hide the Muslim women's body except "ma dhahara minha" (the face and hands). It is obvious that this purpose cannot be served if the dress is thin enough so as to reveal the color of the skin or the shape or beauty of the body. This is eloquently explained by Prophet Muhammad (Peace be upon him): "in later (generations) of my Ummah there will be women who will be dressed but naked. On top of their heads (what looks) like camel humps. Curse them for they are truly cursed." In another version he added that they "will not enter into paradise or (even) get a smell of it." (11)

      At one occasion Asma' (daughter of Abu-Bakr) was visiting her sister `A'ishah, wife of the Prophet. When the Prophet (Peace be upon him) noticed that `Asma's dress was riot thick enough he turned his face away in anger and said, "if the woman reaches the age of puberty, no part of her body should be seen, but this, and he pointed to his face and his hands." (12)

THE FOURTH REQUIREMENT:
========================
Overall Appearance
------------------------------
     The dress should not be such that it attracts men's attention to the woman's beauty. The Qur'an clearly prescribes the requirements of the woman's dress for the purpose of concealing Zeenah (adornment).

How could such Zeenah be concealed if the dress is designed in a way that it attracts men's eyes to the woman?

This is why the Qur'an addressing the Prophet's wives as the examples for Muslim women says:
"Bedizen not yourselves with the bedizenment of the Time of Ignorance (13)
Additional Requirements(14)
In addition to the above four main and clearly spelled out requirements, there are other requirements whose specific applications may vary with time and location.

These include:
============
     1. The dress should not be similar to what is known as a male costume. Ibn `Abbas narrated that "The Prophet (Peace be upon him) cursed the men who act like women and the women who act like men."(15)

    2. it should not be similar to what is known as the costume of unbelievers. This requirement is derived from the general rule of Shari’ah that Muslims should have their distinct personality and should differentiate their practices and appearance from unbelievers.(16)

     3. It should not be a dress of fame, pride and vanity. Such fame may be sought by wearing an excessively fancy dress as a status symbol or an excessively ragged dress to gain others' admiration of one's selflessness. Both motives are improper by Islamic standards.

The Prophet (Peace be upon him), says:
=================================
"Whoever wears a dress of fame in this world, Allah will clothe him with a dress of humiliation in the Day of Resurrection, then set it afire". (17)

REQUIREMENTS OF MUSLIM
========================
MEN’S CLOTHING
===============
It should be noted that the basic requirements of the Muslim woman's dress apply as well to the Muslim man's clothing with the difference being mainly in degree.

This can best be understood by looking into what Islam defines as `awarh which refers to the part of the body that should be covered at all times unless there is an expressed exception. The covering of `awarh is also a condition for the validity of prayers for both men and women.

     It has been agreed among jurists on the basis of the Qur'an and Sunnah that awrah for the woman is defined as the whole body except for the face and hands. For the man, the awrah is defined as the area between the navel and the knees.(18)

Within the definition of `awrah for men and women, all the four basic requirements discussed in this chapter are essentially the same:
       1. Man should fully cover his `awrah.
       2. Men's clothes should be loose enough so as not to describe what he is covering (his awrah).
       3. They should be thick enough so as not to describe the color of the skin or the parts required to be covered.
       4. They should not be designed in a way to attract attention. The basic rule of modesty and avoiding "show off" applies to all believers men and women.

The three other additional requirements discussed under the Muslim woman's code of dress apply to men's clothes as well:
      1) They should not be similar to what is known as the female dress.
      2) They should not be similar to what could be identified as the dress of unbelievers.
      3) They should not be clothes of fame, pride, and vanity.
      In addition to the above limitations on the Muslim man's clothes, men are not allowed to wear silk and gold. This does not apply to women.

REFERENCES
=============
     1. The Holy Qur'an: Translation of verses is heavily based on A.Yusuf Ali's translation, The Glorious Qur'an, Text, translation, and Commentary, The American Trust Publication, Plainfield, iN 46168, 1979.
       2. Abd Al-' Ati, Hammudah, Islam in Focus, American Trust Publication, Plainfield, In 46168, 1977.
     3. Al-Albani, Muhammad N. Hijabbul Mar'at- il-Muslimah Fil-Kitab Wassunah, 3rd printing. Al-Maktab-ul-Islami, Beirut, Lebanon, 1389 AH. (1969).
      4. Allen, E.A., History of Civilization, General Publishing House, Cincinnati, Ohio, 1889, Vol.3.
    5. Al-Qaradawi, Yusuf, Al-Halal walharam Fil-Islam, Maktabat Wahbah, Cairo, 1396 AH. (1976).
     6. Al Siba'i, Mustafa, Al-Mar'ah Baynal Fiqh Walqanoon (in Arabic), 2nd. ed., Al-Maktabah Al-Arabiah, Halab, Syria, 1966.
    7. Dictionary of the Bible, (James Hasting, Editor), Revised Edition, Charles Scribner’s Sons, N.Y., 1963.
     8. EI-Khouli, AI-Bahiy, "Min Usus Kadiat Al-Mara'ah" (in Arabic), Al-waay Al-Islami, Ministry of Wakf, Kuwait, Vol.3 (No. 27), June 9, 1967, p.17.
      9. Encyclopedia Americana (International Edition), American Corp., N.Y., 1969, Vol.29.
     10. Encyclopedia Biblica (Rev.T.K.Cheynene and J.S.Black, Editors), The Macmillan Co., London, England, 1902, vol.3.
     11. The Encyclpedia Britannica, (11th ed.) University Press Cambridge, England 1911, Vol.28.
      12.Encyclopedia Britannica, inc., Chicago, 111., 1968, Vol. 23.
     13. Hadith. Most of the quoted hadiths were translated by the writer. They are quoted in various arabic sources some of them however, were translated directly from the original sources. Among the sources checked are Musnad Ahmed Ibn Hanbal, Dar Al-Ma’aref, cairo, U.A.R.,1950, and 1955 vol. 4and 3 Sunan Ibn Maajah Dar Ihya'a Al-Kutub Al-Arabiah,Cairo ,U.A.R., 1952, Vol. 1, Sunan al-tirimudhi, Vol.3.
     14. Mace, David and Vera, Marriage: East and West, Dolphin Books, Doubleday and Co., Inc., N.Y.,1960.
       15. Sabiq, Sayyid, Fiqh-us-Sunnah, 2nd printing, Darul-Kitab-il-Arabi, Beirut, Lebanon, 1392 A.H (1973).
      16. Westermarck, Edward a., The History of Human Marriage, (5th edition rewritten), Macmillan and Co., limited., London, 1925. (volume 111)

      "For Muslim men and women, For believing men and women, For devout men and women, For true men and women, For men and women, who are patient and constant, For men and women, who bumble themselves, For men and women, who give in charity, For men and women, who fast (and deny themselves), For men and women, who guard their chastity, and For men and women, who engage much in God's praise, For them has God prepared forgiveness and great reward." (Qur'an 33:35)

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» 1- POLYGAMY
» Polygamy in Judaism and Christianity

IZHAR UL-HAQ

إجازة الأستاذ أحمد لبن مدير المنتدى بقراءة الإمام عاصم الكوفي

What is the legal status of polygamy in Islam?