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subject: Islam allows one wife only and one husband only to each partner [print this page]


Islam allows one wife only and one husband only

The institutions of marriage and divorce in Islam are very preceisely prescribed in the Qur'an and Haith. Both marriage and divorce are easily contracted. Both parties are totally free to enter the bond of marriage or leave on equal grounds. While mutual consent is needed to affect eiether marriage or divorce both parties are responsible directly to God in their behavior. They are bound to each other and their progeny within the limits of Shari'ah.

Marriage

Thelaws coverningmarriage in Islam, were displayed gradually unto the society of the Jahili epoch in the Arab peninsula, in Mekka and Madina ( Jahiliyyah: epoch of ignorance compared with Islam which brings man to a state of knowledge: that is acknowledgement of God as creator of everything and supreme authority and reference) which has practiced bigamy.

First, permission is made for men to marry four wives but if the condition of equity between them is implemented. The Qur'an thendenies the possible capacity of the human nature to be equitable among several wives.

Then the Qur'an denies permission to get married to more than one wife because of the impossibility to keep the condition of equitability and thus prescribes that marriage is permitted for a man to only one woman, giving them equal rights and equal responsibilities.

This logic is worked out in the following verses:

First, marriage is permitted to more than one woman provided that the condition of equity is maintained:

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.' 4: 3

Second, the condition of equity cannot be established and therefore, the Muslim ought to marry one woman only:

Never will you be fair and justly (equitable) as between women, even though it is your ardent desire.' 4: 129

Mutual consent of both parties is a prerequisite for marriage. No ifluence or any pressure shoul be applied by any other person on the decision of marriage of either party.

Fixed marriages are not allowed therefore without the total free choice and free decision of the of total consent of either party, man or woman.

Marriage becomes lawful when a single man proposes wilfully marriage to a single women and she accepts wilfully. Two witnesses are required by the Sunna. Rights and responsibilities of each partner in marriage are specified in Islam.

Divorce

Divorce in Islam is very easily done. It suffice that one of the married couple utter the word "I divorce you", with the intention of divorce, then divorce is effected immediately and marriage is resolved, no witnesses are needed, but the other party concerned must know of the divorce with all due rights and obligations:

For the divorced women, the husband should provide maintenance on a reasonable (scale). And this is a duty on the righteous.' 2: 241

Rights and responsibilities of divorce of each partner are specified in details in Islamic law. The utterance of divorce must be performed in normal conditions and not in anger for example or hatred; a very thoughtful free decision after reflexion, determination and exhausting all ways to remedy the situation by eitherand both parties.

Man and woman in Islam have equal rights to divorce, but the iddah ( right of woman to divorce like her husband's)must be acquired by the wife when the marriage bond is contracted.

Thus, in marriage as well as in divorce both parties are charged with their rights and obligations and are responsible directly to God. Their responsibility toward each other and their children, their parents and kins within the Islamic Shari'ah is defined succinctly in the Qur'an and Hadith.

Islam allows one wife only and one husband only to each partner

By: mardini




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