Polygamy Essay

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Surah an-Nisa (4):3 are mentioned about polygamy which stated, If you fear that you shall not be 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 only one that will be more suitable to prevent you from doing injustice. Surah an-Nisa (4):129 further states, You are never able to be fair and just as between women, even if it is your ardent desire.
It appears that there are many misconceptions among the Muslims regarding polygamy in Islam. Polygamy is not a male right created or granted by Islam as it reformed by introducing limitations and conditions before it may be allowed under certain circumstances. There are various legislative measures restricting or even prohibiting polygamy that have been provided for in several Muslim countries. Polygamy is only permission with limitations put on it.
Darar syaries is defined in Section 2 of Islamic Family Law (Federal Territories) Act 1984 (IFLA) as means harm, according to what is normally recognized by Islamic law, affecting a wife in respect of religion, life, body, mind, dignity or property.
The provision is in fact in Section 23(4)(d) which states that, on receipt of the application of polygamy, the Court shall summon the applicant and his existing wife or wives, the woman to be wedded, the wali of the woman to be wedded and any other person who, in the opinion of the Court, may provide information relating to the proposed marriage to be present at the hearing of the application, which shall be in camera, and the Court may grant the permission applied for if satisfied, that the proposed marriage would not cause darar syaries to the existing wife or wives.
This section cl...

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...ces where polygamy might be justified, it introduces limitations and conditions to restrict and restrain polygamy. This is because a balanced approach should be adopted to safeguard the interests of women who are willing to tolerate their husband’s polygamy as well as women who would prefer to be given a divorce rather than accept their husband’s subsequent marriage. While, nusyuz can be defined in simple form as fear disloyalty and ill conduct and every wife who is nusyuz cannot claimed for maintenance from his husband as when they nusyuz the courts will prohibit them from get maintenance from their husband. Although maintenance is clearly is come from the husband but if the wife is nusyuz she is not entitled to claim for maintenance as provided in Islamic Family Law (Federal Territories) Act 1984 in Section 59(2) and also in Kelantan Enactment in Section 48(2).

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