If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice. (Quran 4:3)

Notice the conditional clause about orphans, introducing the rules about marriage. This reminds us of the immediate occasion of the promulgation of this verse. It was after Uhud, when the Muslim community was left with many orphans and widows and some captives of war. Their treatment was to be governed by principles of the greatest humanity and equity. The occasion is past, but the principles remain. Marry the widows if you are quite sure that you will in that way protect their interests and their property, with perfect justice to them and to your own dependents if you have any. If not, make other arrangements for the orphans. The unrestricted number of wives of the "Times of Ignorance" was now strictly limited to a maximum of four, provided you could treat them with equality.

So far, we saw the explanation of the aya. And here you are the law: The above verse what opens chance for polygamy, has been revealed after the battle of Uhud. Muslims were defeated in this battle and many men died leaving behind widows and orphans. In the first sentence of the verse orphans and widows are mentioned because the following statement concerns them as objects of law. And for whom is given the right of polygamy? For the very little number of men who survived as subjects of law. So, the verse describes a special situation what we cannot generalize! In normal circumstances polygamy is not allowed. Why is it not allowed? Because there is another condition here: “but if ye fear that ye shall not be able to deal justly (with them), then only one…” And now please scroll to the next page and read aya 129:

Ye are never able to be fair and just as between women, even if it is your ardent desire: But turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding, and practise self- restraint, Allah is Oft-forgiving, Most Merciful. (Quran 4:129)

In this material world there are two principle causes of division between man and wife, - money and - "the other woman" or "the other man". Money was dealt with in the last verse. Here is the case of "the other woman". Legally more than one wife (up to four) are permissible on the condition that the man can be fair and just to all. But this is a condition almost impossible to fulfil. If, in the hope that he might be able to fulfil it, a man puts himself in that impossible position.

Polygamy in Islam can be performed only in special cases, like after war, when the rate of sexes change and big number of widows can cause social and moral problem in the community. Sex is a biological predestination and children from illegitimate sexual conducts can be considered victims of these relations. It is better for them to belong to a legitimate family where their father can look after them and is responsible for them. The other case of polygamy is if the woman is not able to bring baby or she is sick mentally or physically. In this situation it was not right conduct from the side of man to divorce her. His marriage obliges him to look after her in these cases too. However, woman cannot demand from man to renounce from his right to have offspring. These are all extraordinary situations where polygamy is allowed, however in conventional circumstances polygamy has to be avoided.

Here you are the answer for polygamy. Then, how harems were in use and why polygamy was in practice in the past? How it comes that a pragmatic principle transformed to sex-mania? Please don’t ask me, but ask Muslims! If jurisdiction transfers from divine level to man’s hands it will be distorted. However, the polygamy in practice is very rare. We can find it in locations where regulations of Islam are not applied correctly. E.g. in case of rulers, sheiks. Their deeds rarely remind us to Islam. As in case of “Christian leaders” nobody can find so much correlation between their deeds and the actual standards.

Let’s speak about Europe. Here the European and the actual national jurisdiction is in force. Laws are passed by a parliament (according to our understanding Shura), so those have to be followed by everybody, including Muslims. This statement has to be applied for polygamy as well. And how it comes that polygamy is in practice in some places? ….please stop here! I can explain the principles of the law. I have no answer for issues what starts like this: and how it comes? On paper even stealing and causing damage for others is forbidden…. and how it comes! This is my response concerning jurisprudence.

Regarding Islamic principles: polygamy is forbidden in normal circumstances, however there are special cases when it is allowed. These circumstances are listed in this study. Enlightened people of the west now snort angrily. It is impossible, they say! Let me ask back: Having a lover or girlfriend in unregulated circumstances is permitted? And what about the life of children who are born in these secret relations? Where are the obligations? This is the moral side. Otherwise polygamy is not an Islamic phenomenon. It existed before Islam and exists today all over the world even in modern western societies. However, the Islam is the one what regulates it.

In my above paper I dealt exclusively with polygamy. Regarding marriage and divorce I will write later.