In all these affairs, Islam has aimed at achieving wisdom

Islam has freed women from the offensive traditions and customs of the pre-Islamic era, honored them, raised their ranks, and decided their being equal to man in humanity, principles, sanctity of blood, honor, and property, and the deserving of the rewards and penalties of the life to come. On bases of fairness and wisdom, it has identified women’s values and standings to men. In some situations, Islam, depending upon advisability and rightness, has deemed women as same as men, but it, because of the different qualifications and responsibilities in the various fields of life, has also made a distinction between them through nominating certain rights, duties, and rulings for each.

In all these affairs, Islam has aimed at achieving wisdom, uprightness, and fair evaluation of humankind’s natures and traits. By preferring man in certain rulings, Islam has not aimed at humiliating or wronging woman. Its one and only purpose has been t he achievement of justice through granting each sex the rights that befit the qualifications and responsibilities.

We, hereinafter, will refer to the most significant points of distinction between the two sexes so as to realize the reasons of the Islamic rulings in this regard:

1. Maintenance

Each society, no matter how small it is, is in need for a well-qualified guardian whose mission is to supervise its affairs and achieve prosperity and development. From this cause, each family is in an inevitable need for a guardian and supervisor who, though engaged in serious task requiring sagacity, practice, willpower, and enough experience in this life, must govern his family member with well management and secure means of acceptable livelihood.

Now, which one is the worthiest of supervising and maintaining the family? Is it man or woman?

Owing to his qualifications, man is more experienced in the life affairs, more competent of supervising the family morally and materially, and more capable of achieving means of good living than woman is. This matter has been decided by the eternal constitution of Islam:

“Men are the maintainers of women because Allah has made some of them to excel others and because they spend out of their property. (4:34)”

Maintenance, however, does not mean absolute dominance and policies of severity and violence against the family members, since such practices are in violence of the ethics of Islam. The true maintenance relies upon mutual understanding, cooperation, and emotional and intellectual consent between the paterfamilias and his family members:

“Women have benefits as well as responsibilities. Men have a status above women. (2:228)”

In view of her femininity, woman is tenderhearted, sensitive, and touchy. Frequently, women’s emotions prevail on their minds. All these matters qualify her to fulfill the mission of maternity whose functions require such feelings, and take her way from the leadership of family that requires sagacity, emotional balance, tolerance, and firmness. All these traits are found with man; therefore, he is more qualified than woman is in fields of maintaining the family.

Finally, positive woman usually disrespects the inactive, feeble husband and honors the husband of great and attractive personality.

2. Man’s Preference to Woman in Inheritance

The Islamic Sharia has decided that man should enjoy the double of woman’s share of heritage. Some simple-minded people misthink that such a law is considered as mortification and wronging for woman. In fact, Islam has never degraded or wronged woman. Because of man’s big responsibilities, Islam has decided for him double share of heritage so that fairness and equity can be achieved.

Unlike woman, man is responsible for securing his family members’ food, clothing, house, education, and medical treatment. He is, unlike woman too, responsible for protecting Islam by all possible means. Finally, man is responsible for many social obligations that require spending. In the light of this comparison, it is fair to decide for man a double share of heritage. Woman, however, is luckier than man is, since she is not responsible for many family and social obligations. Hence, Islam has decided:

“Let the male inherit twice as much as the female. (4:11)”

Finally, woman’s possessive and vested rights are completely saved for her alone, and man has no right to do anything to such properties before her satisfaction and permission are obtained. Woman, in this field, is equal to man.

3. Testimony

The Islamic Sharia has considered two women’s testimony as one man’s so as to protect woman’s testimony from falsity and to guard the litigants’ rights from wronging and waste.

As she is prevailed by agitated emotions, sensitivity, and passivity towards a definite party, woman deviates from justice and neglects the right and the obligation of providing exact testimony. Evading so, Islam has decided the joining of two women in testimony so that one may remind the other and prevent her from false testifying:

“Let two men or one man and two women whom you choose, bear witness so that if one of them makes a mistake the other can correct him. (2:282)”

Modern medical experiments have proved that some women, during their monthlies, suffer symptoms causing their mental powers to be enfeebled. Hence, they become oblivious. ( 41 ) Such experiments support the necessity of joining two women during bearing testimonies.

4. Polygamy

The enemies have waged wrong campaigns against Islam using various forms of bitter criticism and empty censure one of which is their vituperating Islam’s permitting polygamy, which is, as they have claimed, considered as injury and confusion for the marital life.

First of all, Islam was not the originator of polygamy. Many centuries before Islam, polygamy was decided by the divine religions and positive laws.

“Polygamy was not forbidden in the most ancient code. Likewise, it was not forbidden in the Torah and the Gospel. Since the reign of Prophet Abraham up to the Nativity, none of the prophets forbade polygamy. In the Gospel, we cannot find a single text telling the illegality of a matter which was decided as legal in the Old Testament. Everything that is mentioned in the Gospel asserts the legality of polygamy in every situation except one: the bishop who shows failure in standing monasticism must satisfy himself with a single wife…

Edward Westermarck, whose major interests were history of marriage, says that ‘polygamy, as the Church confesses, perpetuated until the seventeenth century. Moreover, it occurred frequently beyond the sights of the Church and the ruling authorities.’

Hence, Islam, allowing polygamy, has not brought something heretic. However, the new thing that Islam has brought in this regard was reforming the disorder created by absolute polygamy and taking in consideration the necessities that God does not neglect . In some circumstances, or even general social circumstances, the allowance of polygamy is more beneficial than its forbiddingness.” ( 42 )

As a matter of fact, those who denied Islam’s allowing polygamy have certainly practiced it by means of deviation and sinful relations. Had they thought about the matter perceptively and impartially, they would have found that polygamy is the one and only solution for the problems and crises that befall individuals and societies.

Justifications of Polygamy

In the light of the following justifications, we may refer to the purposes beyond Islam’s allowing polygamy:

First, it happens that a wife may be affected by a physical or mental defect that impedes her from doing her duties, responding to her husband’s desires, or paying attention to the family members. Such crises may create disorder; therefore, it is essential to find acceptable and firm solution. This solution must be that:

(a) Either the husband, suffering the deprivation of his marital rights, is neglected without treatment and left slipping in the depths of vice, and the family members, as well, are left for disorder. This is in fact wrongness against the husband and the family members,

(b) Or the husband leaves the diseased wife, by means of divorcement, suffering the agonies of ailment in addition to the bitterness of rejection and loneliness. This is absolutely denied by sound sense, for it contradicts the principles of humanity,(c) Or the husband, after obtaining the diseased wife’s permission, marries another wife who can respond to his desires, reunite the scattered family, and encompass the diseased wife with kindness.

This is in fact the best and most acceptable solution.

Second, in some circumstances, it happens that a wife is incapable of giving birth. Husbands, in such cases, have to choose one of two—either deprive themselves of sons and stand the burning feelings of being heirless. This is however nobility. Or marry another woman capable of giving birth. The second is in fact more logic since it is decided by nature and instincts. Very rare are those who deny this fact.

Third, women, as a rule, are more numerous than men because, practicing dangerous and deadly jobs in factories, mines, and the like, men encounter fatal dangers. Men, naturally, are less immunized and more subjected to the infections of diseases and epidemics than women are. Biologists, referring to this fact, say that women enjoy physical abilities that men lack and nearly all diseases affect men, not women. On this account, there are 7,700,000 widows living, currently, in the U.S.A. The office of American Census predicts that numbers of this class will raise in the rate of two million per one decade.

Dr. Marion Langer, the sociologist, says that there are two solutions only for covering the reduction in the numbers of men—either polygamy or inventing a method that elongates men’s ages!

War is another reason beyond women’s being more than men in numbers. Wars in fact terminate great numbers of men and cause horrible decrease in their rates in proportion to women. In the First World War, the number of the casualties was 21,000,000. The Second World War consumed about 50,000,000 men. This huge number of casualties caused a big space in the numbers of men and created an international crisis that needed a decisive treatment.

The Western nations, because they prohibited polygamy, faced this problem with puzzlement; therefore, they had to treat it by means of moral corruption that rumored profanity, prostitution, and bastards as well as moral disorder.

Using such a unique, nonesuch method befitting the nature of humankind and requirements of circumstances, Islam has treated this problem with polygamy through which individuals and societies are saved from many tragedies:

“Marry such women as seem good to you, two and three and four; but if you fear that you will not do justice between them, then marry only one. 4:4)

Having allowed polygamy, Islam has not opened its door at random. Protecting women’s rights and dignity, it has specified justice and equality between wives as stipulations for the validity of polygamy. Nevertheless, the stipulation of justice is dedicat ed to the material requisites of life. The other emotional aspects are not controlled by human beings. Hence, man is incapable of achieving fairness among wives in the emotional matters:

“You will never be able to maintain justice among your wives, no matter how hard you try. (4:129)”

Some people may claim that the Western woman does not need marriage since she is able to practice jobs and seek earnings. This claim is untrue. The actuality of the human nature and the inner instincts prove the opposite. Woman’s need for man is not restricted in material aspects only. It is in fact an urgent mental need without which woman cannot perfect her entity. The same thing can be said about man.

Fourth, some men are characterized by excessive sexual energy that requires extreme carnal need. This energy can be controlled by polygamy; otherwise, it may find a deviant course. This is the very thing that occurred in the societies that banned polygamy and, in return, were affected by poly-girlfriends or poly-paramours.

Divorce in Islam

Islam has been also criticized nonsensically for allowing divorce, which, from the viewpoint of the criticizers, threatens woman’s entity with ruination. Hence, for a single state of stupidity of the husband, the wife may change into homeless, heartbroken woman.

This is in fact one of the false accusations against Islam. Since the most ancient ages, divorce was enacted in such an improvised form that wasted the wife’s rights and dignity. Unconditional divorce was common among the Greek. The Romans, though their first generations forbade it, allowed divorce in their religious and governmental laws. The Jewish code narrowed the zone of divorce and made it lawful in three cases only: fornication, barrenness, and moral or physical defect. Christianity forbade divorce except in two cases: fornication of one or both spouses and barrenness.

These were the reasons that urged the modern Western nations importunately to codify the civil divorce, even if this may contradict the religion.

When Islam emerged with its prosperous reign and inclusive legislation, it has enacted divorce and encompassed it with a number of precautionary measures that contribute in reducing its problems.

In sight of Islam, divorce is the most discommended legal matter to God. There are certain states in which the disagreement between spouses reaches climax to make any association and mutual understanding impossible. Treating such cases, Islam provides solutions step by step. It does not hurry to untie the sacred matrimonial bond at first blush, but it tries the best to fasten it. First of all, Islam repeats the words of God:

“Always treat them reasonably. If you dislike them, you could be disliking that which Allah has filled with abundant good. (4:19)”

This is an invitation to wait and be patient even in case of dislike.

If the matter surpasses the question of like or dislike to reach to alienation, divorce is still not the first solution that Islam advances. It should be preceded by efforts of other parties who intend righteousness:

“And if you fear a breach between the two, then appoint judge from his people and a judge from her people; if they both desire agreement, Allah will effect harmony between them, surely Allah is Knowing, Aware. 4:35”

“And if a woman fears ill usage or desertion on the part of her husband, there is no blame on them, if they effect reconciliation between them, and reconciliation is better. 4:129”

If this mediation is of no use, too, then the matter has reached a considerable stage of seriousness, and there must have been impossibility to continue. Such being the case, it is futile to coerce the two spouses to stand such a situation, and it is wise to put an end for this manner of life so long as there is no other way.

Such separation may create in the mentalities of the two spouses the desire to begin anew. It frequently happens that we feel the advantages of a thing after we lose it. Hence, there is still an opportunity:

“A marital relation can only be resumed after the first and second divorce, otherwise it must be continued with fairness or terminated with kindness. 2:229”

There is also the term of waiting for the consummated wives. During this term, it is obligatory upon the divorcing husbands to meet the material needs of their divorcees generously. During this term, also, it is permissible for the regretting husbands to reassume marriage and begin new marital life without being in need for any matrimonial procedures.

If the term of waiting passed without reconciliation between the spouses, they, also, can reassume their matrimonial life, but with a new matrimonial contract.

This is, so far, the first experiment for both the spouses to realize the reality of their feelings towards each other and the seriousness of the reasons that led to separation. If these reasons, or any others, rise again to cause the husband to declare a second divorcement, he then will lose the second opportunity, and will have to encounter a very difficult situation, because of his frivolity, if he repeats the divorce for a third time:

“After a divorce for the third time, it is not lawful for the husband to resume marital relations with her or remarry her until she has been married and divorced by another husband. 2:230”

    Why then are the blabbers criticizing Islam for allowing divorce? Do they want to annul the law of divorce so that the tragedies that have been suffered by the Catholic nations whose laws of forbidding divorce and polygamy obliged people to take numbers of girlfriends and commit fornication— do they want such tragedies to prevail on the Islamic society?