Islam’s
naturalism, its insistence on the fitrah [the pure and natural soul] and
our authentic belongingness to the natural order, has ensured the conservation
of this creational norm within the moral context of the Shari`ah. Polygamy, in
the Islamic case, appears as a recognizably Semitic institution, traceable back
to an Old Testament tribal society frequently at war and unequipped with a
social security system that might protect and assimilate widows into society.
However, it is more universal. Classical Hinduism permits a man four wives, and
there are many Christian voices, not only Mormons, who are today calling for the
restoration of polygamy as part of an authentically Biblical lifestyle.
Faced
with the failure of normative Western marriage and relationship codes, a growing
number of contemporary thinkers are turning to this primordial institution for
possible guidance. Phillip Kilbride, professor of anthropology at Bryn Mawr,
aroused much interest with his recent book Plural Marriage for Our Times: A
Reinvented Option. Audrey Chapman has written a more popular study entitled Man-Sharing:
Dilemma or Choice, while in 1996, the women’s rights activist Adriana
Blake published her Women Can Win the Marriage Lottery: Share Your Man with
Another Wife.
These
studies, from their different perspectives, present three major ethical
arguments for polygamy. First, the institution can, as its origins suggest,
allow the reintegration into a post-war society of bereaved women, of whom a
tragically large number now exist around the globe.
Second,
it can work to the advantage of women. An extended family is created, which
allows one woman to go to work, while the other cares for the children. The
juggling of work and children, which is a besetting hazard of modern
relationships, is thus neatly averted; showing polygamy as a frankly liberative
option for women. Its advantages for children, also, have been amply documented
by the recent research of Carmon Hardy, who shows the strong degree of family
bonding and much lower incidence of crime among offspring of Mormon polygamists
at the turn of the present century.
Third,
polygamy is realistic; and from the Muslim perspective, we would identify this
as a principal argument given the Shari`ah’s general realism. Muslims point
out that modern Western societies are, in practice, far more polygamous than
Muslim ones, the difference being that in the West, the second relationship
exists outside any legal framework. The present heir to the British throne, for
instance, has been polygamous, and to traditional Muslims nothing seemed more
absurd than that Diana needed to be divorced and a constitutional crisis
provoked.
True
monotheism, as always, entails realism. Men are biologically designed to desire
a plurality of women, and, unless we can carry out some radical genetic
engineering work, they will always do so. And when a man has two women
simultaneously, the law may either deprive one of the two women of legal rights
and social status, as in the modern West, or it can recognize both as legitimate
spouses, as in the Shari`ah.
Muslims
regard as an absurdity the present arrangement in the West, where consensual
relationships of all kinds are allowed and even militantly defended: homosexual,
lesbian, and so on, whereas a consensual menage a trois is still regarded as
immoral. The last hangover of Victorian morality? In fact, a menage a trois is
perfectly acceptable in modern Western law, as long as the parties to it live
“in sin” and do not attempt to marry. The absurdity of this position
requires no comment.
There
are other aspects of the Shari`ah that deserve mention as illustrations of our
theme, not least those which have been largely forgotten by Muslim societies.
The intersections between the two gender universes are sometimes designed by the
Lawgiver as rights of women and sometimes as rights of men. The former category
is more frequently omitted from actualized Muslim communities. Frequently, the
jurists’ exegesis of the texts is plurivocal. Domestic chores, for instance,
appear as an aspect of interior sociality, but this is not identified with
purely female space, since they are regarded by some madhhabs, including the
Shafi`i, as the responsibility of the man rather than the wife.
`A’ishah
was asked, after the Blessed Prophet’s death, what he used to do at home when
he was not at prayer, and she replied, “He served his family. He used to sweep
the floor and sew clothes” (Al-Bukhari, Adhan, 44). On this basis, Shafi`i
jurists defend the woman’s right not to perform housework. For instance, the
14th century Syrian jurist Ibn al-Naqib insisted, “A woman is not obliged to
serve her husband by baking, grinding flour, cooking, washing, or any other kind
of service, because the marriage contract entails, for her part, only that she
let him enjoy her sexually, and she is not obliged to do other than that.”
In
the Hanafi madhhab, by contrast, these acts are regarded as the wife’s
obligations. Another sufficient reminder of the difficulty of generalizing about
Islamic law, which remains a diverse body of rules and approaches. Another
important area, which cannot be detailed here, is the law for custody of
children. The Hanafis prefer boys to leave the divorced mother at the age of 7
to live with the father; girls remain with her until the menarche. For the
Malikis, the boy stays with the mother until sexual maturity (ihtilam),
and the girl until her marriage is consummated.