A Reading of Polygamy between Islamic Legal Texts and Contemporary Transformations (An Analytical Study According to the Ja‘fari School of Jurisprudence)

Abstract

Praise be to Allah, Who has made marriage a source of tranquility and affection, and Who has legislated laws for the welfare of His servants in this world and the Hereafter. May peace and blessings be upon the Prophet of Mercy, Muhammad, and upon his pure and immaculate Household.

The family system in Islam constitutes the fundamental pillar of a sound social structure. Since marriage is the solemn covenant from which this social unit originates, Islamic law has surrounded it with a comprehensive legal framework that balances the innate needs of the individual with the requirements of the public interest. Among these legal provisions, polygyny has emerged as one of the most debated and widely discussed issues in intellectual and legal circles, particularly in light of the profound transformations experienced by contemporary societies.

The central problem of this study does not lie in the original religious texts themselves, which are firmly established in the Holy Qur'an and elaborated in the Prophetic Sunnah as well as the traditions of the Imams of Ahl al-Bayt (peace be upon them). Rather, it lies in the manner in which these texts are understood and applied within the context of contemporary social changes. Globalization, shifting economic patterns, and the changing nature of family responsibilities have introduced new challenges to the implementation of polygyny, thereby necessitating a renewed analytical and objectives-based (maqāṣidī) reading of this institution.

This study aims to elucidate the legislative wisdom underlying polygyny and to critically examine the intellectual trends that have sought either to undermine this institution or to misapply it .

DOI: https://doi.org/10.54633/2333-025-059-004