Polygamy is a subject addressed in Sharia that has been established by the Holy Quran and the Prophetic Sunnah. Islamic jurists have debated about this subject in terms of its obligation, permissibility and revocability. To enjoy this right, a man has to be obligated to the legal controls, such that he should be able to maintain more than a wife. Moreover, this person is to take into account social, economic, psychological and health-related aspects of his life and make sure that he is able to maintain justice between all his wives. Furthermore, the man must have no more than four wives, and must avoid marring two or more relatives at the same time. If a man is obligated to these legal controls, his behavior will be regarded as legitimate and consequently, he will achieve the legal objectives, among which are achieving social balance, and solving problems related to celibacy, divorced women, and widows. Illustrating these advantages should not imply that there is no damage accompanying polygyny. Rather, the damage of polygyny is insignificant compared to the objectives achieved.
The present study aims to investigate the degree to which the guardian is legitimated to interfere, as a result of his authority, in the obligation of the husband to the legal controls related to polygyny. This interference by the wise lawgiver is to ensure that this polygyny has achieved its intended objectives. If the guardian finds out that this permissible act is accompanied by damage, he must, employing his authority, interfere and circumscribe this act. This interference adheres to legal controls. In other words, the wise lawgiver legitimized polygyny for significant purposes. However, if the man is not obligated to the legal controls, this will be accompanied by drawbacks. Therefore, the guardian will interfere in order to ensure that these controls are obligated and thus, avert the aforesaid drawbacks and achieve the objectives of this legislation––which are significant at all times and in all places. To achieve the objective of the present research, the inductive, comparative method was employed. A number of results were revealed in the present study, the paramount of which are that the Islamic law aims to achieve the goals of mankind. Hence, if the guardian figures out that there is a harm accompanying a permissible act, he is permitted to interfere in accordance with the legal controls that are determined by jurists and aim to benefit the person and society.
Key words: Restraint, polygamy, jurisprudence, law:
Issa, Qais Abdul Wahab
"Restraint of polygamy in jurisprudence and law: A Comparative study,"
UAEU Law Journal: Vol. 2021:
85, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2021/iss85/2