أَلَّا تُقْسِطُوا۟

4:130.

Important Words:

طاب (as may be agreeable). طاب الشیء means, the thing was or became pleasing, delightful, agreeable or delicious. طابت به نفسی means, my mind or my soul became pleased and satisfied with it. طاب العیش لفلان means, life became pleasant and free from cares for such a one. طاب عن الشیء نفسا means, he willingly parted with the thing (Aqrab & Lane).

مثنی (two) is derived from ثنی. They say ثناہ i.e. he doubled it or folded it; or he turned one part of it upon another. ثنیsignifies the repetition of a thing, doing it one time after another, or a thing or affair done twice. مثنی means اثنان اثنان i.e. two and two; two and two together; or two at a time and two at a time. Similarly, ثلاث means, three and three; three and three together; or three at a time and three at a time; and so is the meaning of رباع (Lane & Aqrab). The expression مثنی و ثلاث و رباع would thus mean, two at a time, or three at a time, or four at a time.

تعولوا (do injustice) is derived from عال which means:(1) he had a family or a large family; (2) he sustained and supported the family; (3) he was or became poor; (4) he acted unjustly and wrongfully, or he deviated from the right course.

Commentary:

The verse is important inasmuch as it permits polygamy under special circumstances. Islam allows (though it certainly does not enjoin) a man to have more than one wife up to four at a time. As the permission concerning polygamy has been given in connection with the subject of orphans, it should be taken to be primarily based on the question of the care of that much-neglected class of society. There are cases when the interests of orphans can best be protected by marrying one or more wives from among the female wards or from other women as the exigencies of circumstances may require. This can generally happen in one of the following cases:

(1) A man has a number of orphans, including girls, to look after. He is unmarried and there is danger of his falling into temptation. In this case he should marry one or more girls, as the case may be, from among his wards and thus protect himself from falling into sin or from betraying his trust and acting wrongfully towards his wards.

(2) He is married, but his wife fails to treat the orphans properly. He may in such a case also marry one of his female wards so that they may have a good and separate home of their own.

(3) Some of his younger relations, e.g., brothers or sisters, become orphans, and he finds that he or his existing wife cannot properly look after them. In such an eventuality, he may marry a suitable woman of mature age who may treat them like a mother. It is on record that in similar circumstances Jabir, a young man and one of the Holy Prophet’s distinguished Companions, married a widow of mature age and when the Prophet asked him why he had not married a young girl, Jabir replied that he had done so that his wife might look after his brothers and sisters who were left orphans by the death of his father. The Holy Prophet was much pleased at this act of Jabir and prayed for him (Bukhari, ch. on Buyu‘).

(4) If a person is afraid that the orphans under his care being strangers to him, he may not treat them as kindly as he should do, he may establish direct relationship with them by marrying one of the female wards.

(5) If a person has a large number of orphans under his care and he finds that he cannot do full justice to them without marrying more wives than one, he is permitted to do so to the limit of four.

The words, two or three or four, signify that the last number marks the utmost limit. It is related that after this verse was revealed, the Holy Prophet asked those of his Companions who had more than four wives to keep any four of them they liked and divorce the rest, so that the number might not exceed four (Tirmidhi, ch. on Nikah).

A general note on polygamy is appropriate here. Though the verse mentions polygamy in connection with the subject of orphans, yet other situations may also arise in which polygamy may become a necessary remedy for many social or moral evils.

If only the objects of marriage be considered, the permission of the Quran to its followers to wed more wives than one, appears to be not only justifiable but in some cases desirable and even necessary; nay, in such cases it may become positively injurious to the best interests of individuals and of the community not to take advantage of this permission. According to the Quran, the objects of marriage are four, i.e. (1) protection against physical, moral and spiritual maladies; (2) peace of mind and the availability of a loving companion; (3) procreation of children; and (4) widening of the circle of relationship.

With respect to the first-mentioned object, the Quran says: "And allowed to you are those beyond that, (i.e. the cases mentioned in the earlier verses) that you seek them by means of your property—marrying them properly (and guarding yourselves against animal passions) and not committing fornication (and not indulging in unrestricted gratification) (4:25). The word محصنین occurring in the verse quoted above is derived from احصان which means, to seek protection from the attacks of an enemy by entering into a fort. Thus Islam regards marriage as a sort of fort, or a means of protection against moral and spiritual diseases. With respect to this object the Quran further says: They (your wives) are a garment for you and you are a garment for them (2:188). Now, the dress of a person serves a threefold purpose: (1) It protects him against the inclemency of weather; (2) it serves as an embellishment and adornment; and (3) it covers one’s private parts and any defects that may be in one’s physical formation. With respect to the second object the Quran says: And of His Signs is this, that He has created wives for you from among yourselves that you may find peace of mind in them and He has engendered love and tenderness between you (30:22). About the third object it says: Your wives are a tilth for you so approach your tilth when and how you like (2:224).

Now every one can easily conceive that one or all of the above-mentioned four objects of marriage, i.e. (1) protection against physical, moral and spiritual diseases; (2) procreation and propagation of the human race: (3) company of a life-long and loving companion and (4) widening of the circle of relationship are, sometimes, not realized in the case of one wife only. It is a hard fact which cannot be denied that there are persons whose sexual instinct is too strong to be satisfied with one wife. This is a physical necessity inherent in man and it is playing with fire to make light of this, the most powerful of all physical instincts. The only sane and proper course open to a man whose sexual powers are abnormally strong is to marry another, if one wife does not satisfy him. Such cases may be rare, but you cannot ignore their existence altogether. And a perfect religious system, as Islam claims to be, has to provide for the physical and spiritual requirements of all sorts of people. Again, if the wife of a person becomes a permanent invalid or suffers from a contagious disease, the object of marriage is certainly defeated if such a person does not marry another wife. Indeed, no course is left to him but either to contract another lawful marriage or, failing successfully to combat the attacks of his passions, to lead a dissolute life. And an ailing wife cannot make a good companion either, because, however worthy of regard and com- passion she may be, her company cannot give peace of mind to her husband in all respects. In the third instance, if the wife of a person happens to be barren, the natural and perfectly legitimate desire of the husband to have an issue to succeed him and perpetuate his name remains unfulfilled in the absence of a polygamous marriage. It is to meet the requirements of all such persons that Islam has allowed the contraction of plural matrimonial relations. If, however, in any of these cases a husband divorces his first wife, it would be a shame and disgrace for him. For instance, in the case of an invalid wife it would mean that he lived with her as long as she was whole and deserted her at a time when she most needed his protection. The only honourable course in such a case would be to look after the diseased wife tenderly and marry another woman who may fulfil the functions of a wife.

It will thus be seen that the objects of a polygamous marriage are, to a certain extent, the same as those of a monogamous marriage. When one or all of those objects are not realized by a monogamous marriage, a polygamous marriage becomes a necessity and is allowed. There are, however, other reasons which may also render it necessary for a person to have one or more wives in addition to the one whom he dearly loves and who also fulfils the objects of marriage. Those reasons are: (a) to protect orphans; (b) to provide husbands for marriageable widows and (c) to supplement the decreasing manhood of a family or community.

It is manifestly clear from the verse under comment in which permission is given to marry more wives than one that polygamy is resorted to particularly with a view to taking under one’s protection orphans left unprotected. The verse clearly states: If you fear that you will not be fair in dealing with orphans (under your protection), then marry of women as may be agreeable to you, two or three or four; and if you fear you will not deal justly (between your wives) then marry only one. The words hint that the mother of such orphans as are left in the guardianship of a person should preferably be married by him so that he should become directly related to, and more intimately connected with, them and thus become more interested in their welfare than he otherwise could be.

Again, the Quran says: And marry widows from among you (24:33). To provide husbands for widows is thus another object which the institution of polygamy fulfils. Muslims were perpetually engaged in fighting in the time of the Holy Prophet. Many fell in wars and left behind widows and orphans without near relations to look after them. The preponderance of women over men and an exceptionally large number of orphans with no one to look after them, which is the inevitable result of war, necessitated that to save the Muslim society from moral degeneration, polygamous marriages should be encouraged. The last World War also vindicated this useful institution of Islam. It left an abnormally large number of young women without husbands. Indeed, the great preponderance of females over males in the west, due to the appalling loss of manhood caused by the War, is responsible for the present awful laxity of morals which is eating into the vitals of western society. Young girls fail to get suitable husbands. But natural passions must be satisfied. The result is dissolution and depravity. In view of the moral depravity prevailing in many countries, who has the hardihood to deny the wisdom of the Islamic institution of polygamy? Many indescribable moral and physical evils have arisen in the west as the result of this preponderance of women over men, the only proper remedy for which is polygamy.

The institution of polygamy is also intended to meet the serious situation that follows in the wake of a war, when, besides other aspects of decline, the manhood of a nation becomes so depleted as to threaten national destruction. The fall of birth-rate, which is a potent cause of the decay of a people and from which some Western countries are badly suffering, can be effectively remedied only by resorting to polygamy. The West will never recover from the terrible moral and social diseases from which it is suffering as well as from the appalling numerical decline facing certain countries and communities unless, setting aside all false notions and false sentiments, it submits to the Islamic injunctions about polygamy. It is a sacrifice demanded of men and women alike—a sacrifice in which personal and passing sentiments are required to be partly ignored for the wider and permanent interests of whole communities and countries.