only once during a period of purity during which no incident of
intercourse takes place. This is the meaning of the verse in which
Allaah The Exalted Says (what means):{O Prophet, when you [Muslims]
divorce women, divorce them for [the commencement of] their waiting
period.}[Quran 65: 1]
The period of menstruation mostly brings on feelings of lethargy,
alienation and irritability. On the other hand, theperiod of purity
features intermixing between the spouses, mutual understanding and
interaction. Consequently, when a husband divorces his wifewhile she
is menstruating or during a period of purity in whichan incident of
intercourse takes place, this is, as expressed by some of the
righteous predecessors including Ibn Taymiyyaha divorce based
uponBid'ah(innovation) which contradicts the wiseSharee'ah(Islamic
legislation). Actually, thisform of divorce contradicts the ordinances
of Allaah The Almighty because it is an innovated matter in religion
and does not cancel the original state(i.e. the marriage contract)
whichis established by the Quran, theSunnah(Prophetic tradition) as
well as the scholars' consensus.
The Prophet,rejected this form of divorce and nullified it. [Ibn
Al-Qayyim] The majority of scholars, however, are of the view that
this form of divorce is effective. Consequently, when a husband
decides to divorce his wife after he had divorced her while she was
menstruating or during a period of purity in whichan incident of
intercourse took place and then took her in wedlock again, he has to
divorce her according to theSharee'ah-approved manner.
2- Permissibility of polygyny if one can be fair:
There are great advantages in polygyny including, for example:
1-The wife may suffer from an incurable disease and does not expect a
full recovery, and therefore she is neither able to manage her home
nor fulfill her husband's rights. Meanwhile, she is poor and has
neither wealth tolive from in case of divorce nor is she a breadwinner
capable of taking care of herself. Does chivalry entail divorcing her
in this case? The answer is of courseno. Rather, chivalry entails that
he keeps her as his wife. Nevertheless, is it just that he retains her
as his wife while he badly needs someone to take care of him, manage
his affairs, maintain his chastity and provide him with offspring?
This would mean sentencing him to misery and wretchedness. Moreover,
thiswould be a wretched fate for them both. Rather, justice
entailsallowing him to marry another wife. Consequently, chivalry and
justice entail allowing polygyny insuch cases.
2-The wife could be infertile, and although she may spare no effortin
seeking a cure and her husband may be keen to utilize the available
means for her to conceive, their efforts may be in vain. What is the
judgment of justice and human nature in this case? Should the husband
suppress his desire to have a child to please him in his lifetime and
inherit him after death or marry another woman after keeping patient
with his wife's infertility for a period of time andlosing hope in
having children from her? Like the previous wife, such a woman could
be poor andhave no breadwinner. In such a case, faithfulness, kind
association and chivalry entail that he keeps her, maintains her and
takes care of her.
3-In most nations, particularly in certain circumstances, women
noticeably outnumber men. Consequently, when each man marries only one
wife, other women and young girls will remain spinsters. This means
that they will harbor rancor against married men and women. This also
means exposing their chastity to danger.In such a case, the wives
themselves will be afflicted with evil, for the unmarried women will
share their husbands with them secretly. This evil also afflicts men
for unmarried women are relatives to men and what hurts their
reputation hurtstheir relatives as well.
Discussing the advantages of polygyny, ShaykhAsh-Shinqeetisaid,
"It is one of the normal ways of Allaah in the universe that men are
less than women in number and more vulnerable to death in all fields
of life. Consequently, if the man is forbidden from marrying more than
one woman,there will be a huge number of unmarried women who will
resort to adultery. Neglecting theguidance of the Quran and the Sunnah
in this issue is one of the greatest reasons behind lacking morals and
degradation to the degrees of animals in losing chastity, honor,
nobility and morals. Glory be to The Ever Wise and The Ever Acquainted
with everything."[Adhwaa' Al-Bayaan]
4-Unlike women who rarely have children after the age of forty-five,
man is naturally able to havechildren even after the age of sixty.
Consequently, when a man marries at an older age or loves having a lot
of children, preventing him from marrying another wife is a form of
confinement. Also, unlike the woman who is prevented by pregnancy from
having children all the time, the husband is able to do so at anytime.
To sum up:
Islam legislated many regulationswhich safeguard the Muslim family and
prevent it from disintegration. The family is the essential pillar of
the entire Muslim community and its inviolable fort. This indicates
the justice and perfection of the IslamicSharee'ahas well as its
keenness to do what is beneficial to humans in both worlds.
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