India: bigamy is against the ‘letter and spirit’ of Islam

Oh, really?

“Bigamy is against the ‘letter and spirit’ of Islam, Indian judge rules,” by Dean Nelson in The Telegraph, August 7:

Bigamy among India's Muslims is against the "letter and spirit" of true Islam, the country's law commission has ruled. The ruling, by one of the country's senior judges, has provoked a wave of anxiety throughout India's secular establishment which has until now been content to let its 150 million Muslims live according to its own system of "personal law".

“Personal law” like this and this? Surely India’s “secular establishment” is aware that the letter and spirit of Islam is fully compatible with democratic values such as equal rights for all regardless of gender or religious affiliation, criminal codes and punishments proportional to the crime, and Jihad as interior spiritual struggle against vice, or waged violently only for defensive purposes.

While bigamy has also been practiced by Hindus, it is more common among Muslims who believed they are justified in taking up to four wives.

"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" (The Qur'an, Surah An-Nisa 4:3)

The practice has been widely criticised in a number of court judgments as "cruel", while one judge said there was no difference between a "second wife and a concubine". Justice A.R Lakshmanan, the law commission chairman, and two other panelists, said: "Traditional understanding of Muslim law on bigamy is gravely faulty and conflicts with true Islamic law in letter and spirit."

Good news indeed. Does Justice Lakshmanan provide decisive evidence of this conflict via the letter and spirit of the Qur'an, the life and teachings of Muhammad, the schools of Islamic Jurisprudence, historical precedent, and rulings from respected (even if minority view) scholars so that good Muslims and misunderstanders of Islam can take note and act accordingly?

"It is generally believed that under Muslim law, a husband has an unfettered right to marry again even where his earlier marriage is continuing. "On a closer examination of the relevant provisions of the Koran and other sources of Islamic law, this does not seem to be true," the report said.

Great, but please demonstrate and document how this does not seem to be true.

They said they had submitted their report to the government but stopped short of recommending legal reform because they feared it would cause an "unhealthy controversy" among religious leaders who opposed change.

What could be unhealthy such about reform which not only advances issues significant to gender rights and equality, but also “the ‘true letter and spirit’ of Islam?”

Their concerns were born out by Muslim scholars, who said Islam provided for polygamy on the condition that the man is able to care for each wife financially and honour her physically.

"Polygamy is not mandatory in Islam but there is a provision for taking more than one wife. This provision is bound by pre-conditions that the man has to do justice to all his legal wives both physically as well as economically," said Professor Akhtarul Wasey, Head of Islamic Studies at Delhi's Jamia Millia Islamia University.

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14 Comments

Islam knows no country boundaries, Alla SWT showed Muhammed SAW that every corner of this duniya is for the muslim.

Since there are no country boundries...then we should we only be bound by those laws of that "country" which are not incompatible with those defined in Islam...i.e. loosely bound?

This is the whole reason why we get all this hassle from the kaffiran....they keep on wanting to interfere with sacred time immorial laws laid down by Alla SWT for the betterment of humankind....and you think you know better?

Reformation has already buggered up christianity...and now you want the same for Islam...impossible!

India is a special case . In India Muslims have Hinduistic Islam & a separate Koran in Sanskrit. They sometimes go to Haj as Tourists.

"Reformation has already buggered up christianity...and now you want the same for Islam...impossible!"
Posted by: Yom_al_Juma

Of course, Islam was buggered from its beginning by its bugger-in-chief, Old Mo himself. And Moslems have been fond of buggery ever since.

??!!

Big deal! All you have to do is spin around, click your heels 3 times, and say,

"You are no longer my wife, we are divorced"

Twilled screams and AK-47 shots in the air are optional.

Its all legal and on the up and up. You can now marry the young girl up the street in an arranged marriage with a clear conscious. Talk about a win-win-win , no alimony, no divorce lawyers, and trade in the old ball and chain on a newer model. Wow!

Oh yeah, why would anyone want to be a bigamist anyway?
You come home from work and you have 2 or 3 wives ganging up on you. Why were you late, where have you been, etc, etc.

Then on the weekend when you want smoke a hookah or two, to relax and watch the camel races on TV or go out with the boys to harass women who are dressed improperly, or beat up suspected gay people, the wives appear with 2 or 3 honey do lists, and complain that the house looks terrible, they need new burtahs, and why the next door neighbors the Akbars are doing so much better and have all sorts of new stuff.

More power to the bigamists, I couldnt do it.

YOM: they keep on wanting to interfere with sacred time immorial laws laid down by Alla SWT for the betterment of humankind

"immoral laws laid down by allah"

There, fixed.

Yommie - maybe they are your "sacred" laws, but they are not ours (or for that matter any rational person's).

"Islam knows no country boundaries, Alla SWT showed Muhammed SAW that every corner of this duniya is for the muslim."

Problem is, Allah thought the world was flat. So that would only apply to Flatland (ie, two dimension space). The rest of us live in a three dimensional time/space continuum. Good luck finding a truly flat spot to rule over.

As usual, Yom is dilusional. Allah is totally false and Mo was a child molester. So what they allegedly said is irrelevant to to us proud kaffirs. yom can dream on about the world belonging to muslims. The rest of us are determined to cleanse this world of muslim ideology.

As one commentator has already said, islam has been buggered right from the beginning. Now, time for me to piss facing Mecca.

I guess I missed Benjamin's introduction while I was on vacation: 2 weeks with no phone and no internet. I'm pleased to report that the Northern Rockies are relatively free of Islamic presence. Back home again, Costco is lousy with hijabs.

Reformation has already buggered up christianity...and now you want the same for Islam...impossible!

Posted by: Yom_al_Juma

Hear, hear, Yom! ...I would hate to see Islam become buggered up and thus lose it's 'Savwafair'! Islam has so much to offer humanity, that it would be shame to EVER let that happen / sarc.

Bigamy is not in the best spirit of Islam. Quadgamy is!

Nice catch, Nykos.

Polygamy is allowed in the Old Testament. God allowed it in the Holy Bible and never changed His Law about it. Polygamy isn't cruel. It allowed an able man to take care of women who otherwise may have no one to take care of them, especially as is the case in most of the world that there are more women than men. The African-American community is a good example.

Jesus was Jewish and taught from God's Law, never opposing it. So, Jesus believed in polygamy and never spoke against it. If you disagree with God and His Messengers until you die, then then Allaah has a special place in Hellfire with your name on it. All this blasphemy on makes Islam stronger. I became muslim 4 years ago when I saw that Islam-haters like you have no true platform. With all you say, Islam is perfect and you can't put a dent or scratch in it. Love Allaah or hate Him, He remains the greatest, and so does His Religion. Thank you very much.

sheikhabdullah

O peddler of nonsense and lies.

First: the idea that there are, say, in any given society, in the age group between 12 and 40, two or three or four women for every man, is absolute, utter, GARBAGE. In every human society in each generation of births, there are slightly more *boys* born than girls; by the time those infants reach marriageable age the numbers are about even. The only way those proportions can be skewed is by deliberate neglect and abuse of the girls, resulting in an artificial drop in female numbers; or, conversely, by deliberate neglect and abuse of boy children, causing an artificial drop in male numbers. Go ask the reputable demographers, not a Muslim spin-doctor!

As for Biblical teaching:

Polygamy is *recorded* in the Hebrew scriptures; it is not *commanded* or encouraged, and it is not praised. Pretty well all the historical accounts of polygynous marriages, in the Hebrew scripture, are negative, describing with bleak honesty the jealousies and rivalries between the wives, and between children of the different wives. Judaism by the time of Christ had pretty much ceased to practise polygamy, though polygamy was not *formally* banned in nearly all parts of the Jewish diaspora, until AD 1000. Some few Jews in the Arab Muslim world continued to practise it - I suspect because they were influenced by the Muslim world around them.

Christianity has *always* taught, and *always* attempted to practise, monogamy. If Jesus/ Yeshua had been fine with polygamy, his followers would have practised it and taught it.

Mark 10: 6-9 - "But from the beginning of creation God made them male and female. For this cause shall a man leave his father and mother and cleave to his wife; and they twain shall be one flesh".

Jesus does not say 'wives' but 'wife'. *All* Christian theologians read this passage as endorsing monogamy (the primary context is to forbid easy divorce).

I should add that a bishop or episcopos, that is, a person with pastoral authority in the Christian community must be ( according to Paul, and one must remember that Paul/ Saul, of the Tribe of Benjamin, was a rabbi before he became a follower of Yeshua of Nazareth) 'the husband of one wife'. *No* second wives or concubines permitted.

If that is how the bishop - the exemplary model - is meant to conduct himself, then one must assume that ordinary Christian men are also expected to have just one wife.

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