Faqihuddin Abdul Kodir, MA: Even the Prophet Performed a Loyal Monogamy

The historical record of Islamic jurisprudence has actually lacked the argument believed by the pro polygamy circle that “polygamy is the prophet’s sunnah (optional, but meritorious if performed).” The struggle to search for the theological justification of polygamy is often enforced, even though Q.S. An-Nisa: 3 indicates clearly the impossibility of justice in polygamy. Nevertheless, the pro polygamy circle still believes in polygamy.

Here is the interview of Ulil Abshar-Abdalla with Faqihuddin Abdul Kodir, MA, lecturer of STAIN Cirebon and alumnus faculty of Shari’a Damaskus University, Suriah, on 29th May 2003:

ULIL ABSHAR-ABDALLA: you have been conscientious enough towards women’s matters in general and polygamy in particular. How serious is this issue of polygamy in society?

FAQIHUDDIN ABDUL KODIR: Very serious. The advocates of pro-polygamy frequently lay their argument upon the mistaken understanding over the Qur’anic verses and Hadits (prophetic traditions). Slogans like “polygamy is sunnah (optional, but meritorious if performed)” and “polygamy delivers blessings” are frequently used. It is inappropriate to say that Islam has arguments which allow for polygamy. On the contrary, we have texts which discuss it.

In my article on Kompas (13^th May 2003) under title: is polygamy Sunnah…? I said that polygamy and monogamy are merely partial or contextual matters. While in fiqh (Islamic jurisprudence) there are various views on the matter.

I reviewed Al-Hidâyah written by Al-Murhinani, ulema (Muslim scholar) of the Hanafi School. He argues that on occasion, polygamy can be prohibited as also argued by Ar-Risalah of Imam Al-Syafii. He said that a free man is prohibited to perform polygamy with an amat, female slave. Because it is thought that this would destroy his descendants as the child of a slave would be a slave as well. Depending on the context, either polygamy or monogamy is prioritized.

ULIL: Pro-polygamy advocacy has been based on Qur’anic verses, how do you respond to their arguments?

FAQIHUDDIN: Actually there are three points in the Qur’an related to polygamy. The first considers polygamy as an option. The second warns one to be just: fain khiftum allâ ta‘dilû fawâ

hidah (if you fear that you cannot do justice (to so many) then (marry) one only!). The third is the verse which says walan tashtatî’û ‘an ta’dilî bainan nisâ’ wain h

arashtum, meaning that men are never capable of doing justice to their wives even if they try hard.

When we compare several verses, the conclusion is that one verse allows polygamy, while other verses even seem to deny the existence of the main condition for polygamy: the matter of justice. The substance is that both verses restrict polygamy. When we use the previous proportion it would result in a 2:1 comparison. And remember that the only verse which seems to allow for polygamy is Qs An-Nisa: 2-3 and its context is the protection of orphans and widows of war victims.

ULIL: What about the argument of following the prophet’s practice?

FAQIHUDDIN: Should we talk about the prophet’s practice you have to know that the Prophet had been married for more than 30 years. Nevertheless, during 28 years the Prophet was faithful to monogamy while for 8 years he was polygamous. When we use proportion, the consideration that polygamy is Sunnah is funny. The reason is that if it is considered as sunnah, why didn’t the Prophet perform it since the start of his marriage? Even the Prophet’s monogamy was performed within the Arab social circumstance that considers polygamy to be natural.

It is clear that the Prophet had a happy and successful monogamous life. Remember how sad the Prophet was after the death of Khadijah, his only wife. Even that year (the tenth year of prophethood) is called as amulhuzn (the year of mourning). Two years later, the Prophet engaged in polygamy for a short time only.

One should remember the case when the Prophet forbade Ali bin Abi Thalib to engage in polygamy in allowing his daughter, Fatimah, to become a co-wife as related in Hadits sahih (a reliable prophetic tradition transmitted by Bukhari and Muslim in their sahih books). This was also transmitted by the prominent ulemas of Hadits like Turmudzi and Ibnu Majah.

ULIL: It means that the Prophet did not want his daughter to be a co-wife?

FAQIHUDDIN: Yes, the Prophet was annoyed when he heard that her daughter, Fatimah, would enter into a polygamous marriage with Ali. The Prophet came to the mosque, climbed the podium and delivered a speech in which he said: “the family of Bani Hasyim bin al-Mughirah has asked my permission to marry their daughter with Ali bin Abi Thalib. The Prophet said: “innî lâ ‘âdzan, (I would not permit), tsumma lâ ‘âdzan (I would not give permission, at all), tsumma lâ âdzan illâ an a

h

abba ‘ibn Abî Thâlib an yuthalliq ‘ibnatî, (I would not give permission at all, except if Ali bin Abi Thalib divorces my daughter first. Then the Prophet continued, Fâthimah bidh‘atun minnî, yurîbunî mâ ‘arâbahâ wa yu’dzînî mâ ‘adzâhâ, Fatimah is a part of me: what annoys her would annoy me, and what hurts her would hurt me too” (Jâmi’ al-Ushûl, juz XII, 162, number of hadis: 9026). Finally Ali bin Abi Thalib remained in a monogamous relationship up to the death of Fatimah.

ULIL: That Hadit is rarely transmitted?

FAQIHUDDIN: Yes. That’s the irony. There is a distortion made by pro-polygamy circle, when we open the books of Hadits such Majâmi‘ Al-Ushûl, the collection of six biggest Hadits literature. For instance- there are three classifications of polygamy. First, there is a limitation. Once there was sahabah (prophet’s companions) who married ten women, then the Prophet suggest him to divorce except four of them. That is what Prophet had done to Ghilan bin Salamah ats-Tsaqafi, Wahb al-Asadi, dan Qais bin al-Harits. Secondly, there are the Hadits regarding the polygamists morality. This Hadits said that the man who performs polygamy should be just to both wives; if he ill treats them he is threatened with hell’s torture. Third, is the Prophet’s attitude toward polygamy.

Look at the book of Imam Ibn al-Atsir (544-606H), we found the evidence that the Prophet’s polygamy is a means for resolving social matters of that time when the social institution were not strong enough for other solutions. The women married by the Prophet were mostly widows left by their husbands who went on jihad; except Aisyah binti Abu Bakr.

Hence the suggestion –from Al Qur’an and Hadits—that said that polygamy is something good isbest seen in that light. Therefore, the popular view within the society, like the cases of Puspowardoyo or Drs. Muhammad Thalib who wrote the book Guidance to Polygamy in its Superiority is improper. They clearly suggest and even consider it as a command that the man who is polygamous is better that one who is monogamous (Rhoma Irama has such view as well). It is even mentioned that polygamy increases one’s wealth (rizki) and gives one a greater chance of entering heaven. It’s very funny! 

ULIL: What is the content of the guidance of polygamy and its superiority?

FAQIHUDDIN: The principle point of that book is that polygamy is an Islamic injunction, and that the man who is polygamous is better than who is monogamous. Actually, this saying is not based on the Qur’an and the Hadits, but it is based on the saying of Ibn Abbas, tazawwaj fainna khaira hâdzi al-ummah aktsaruhâ nisâ’an who said to his friend, Said bin Zubeir: “get married! Since the best Muslim is the one who has many wives”. Yet, if we discuss it’s meaning, there would be many improper translations. Given that his translation is right, the problem is that it is merely the saying of Ibnu Abbas, a sahabat (companion).

Not all the ulemas agree that the saying of sahabat can be hujjah, that is, be a valid religious argument. Imam Syafii for instance, says that mazhabus shahâbah, laisat bi

hujjatin muthlaqah, sayings of sahabat are not arguments at all. Imam Hanafi said that wain khâlafahul qiyâs fainnahu hujjah, wain lam yukhâlif, fahiyâl h

ujjah means that if it opposes the analogy (qiyâs), it could not be made as hujjah, especially in the field of akidah (Islamic belief). Since the field of akidah in the religion could not be based on analogy. While talking about the faith, torture of the grave, and so on, the sayings of sahabat could be made as argument. But when we talk about something through analogy, it could not be made as hujjah, since each of them have their own analogies; sahabat has tabi’in (followers) as well.

So according to Hanafi, the views of sahabat could be used as a reference in the matter of akidah. But when it is related with mu’amalah (social life matter) and daily life, it can’t be. The matter of polygamy is included in social matters (mu’amalah). Hence the sayings of sahabat cannot be used as the basis for arguing for polygamy.

ULIL: But in the fiqh literature, polygamy is considered as a legal and valid religious practice. Why is that so?

FAQIHUDDIN: We have to understand that fiqh was written in the past, where women’s position and their bargaining power was weak. Few people raised their voices on behalf of women’s interests. So when they talk about justice, they rarely talked about it from a women’s perspective.

ULIL: Was the fiqh literature mostly written by the men?

FAQIHUDDIN: That’s one point. But there was a time when about 9900 masters of Hadits were women. But as time went on, a reversion took place. We do not recognize a woman ulema in fiqh. Though in tasawwuf (sufism) we know of Rabiah al Adawiyah, but in the case of the fiqh, we do not know of anyone. That’s why women’s advocacy is so limited.

ULIL: Today it is still rare to find women preachers, ulemas or intellectuals?

FAQIHUDDIN: That’s the fact. It is women who have been enduring this injustice. Hence, monogamy or polygamy is merely one particular matter. Its analogy is that we may or we may not write about the debt. It’s a matter of choice. While the principle thing in Islam is the doctrine of justice. It means that each party, women and men should receive their rights proportionally. Hence, when we talk about the principle, sure we should return to the reality.

The matter of polygamy is related between men and women. The question is: how far is justice materialized through polygamy. If it is not manifested, polygamy could be prohibited. The justice is not interpreted by the men’s perception only. Currently the meaning of justice has been interpreted from one side. That’s improper. In order to know justice, many things should be involved, especially the issue of women as victims of polygamy. The institutions of research/advocating that analyses the cases of polygamy could be asked for their views.

ULIL: What if woman consider polygamy to be fair?

FAQIHUDDIN: There may well be woman who feels it is fair. But then we are talking socially. Talking about fiqh, means to talk about what is common, not something casuistic. The common nature means something applicable and sensed by many people. We have to conduct research first.

I think, when we talk about statistics socially, polygamy is dangerous. Actually it has been emphasized by many writers, which are to me, more honest than our friends who advocate polygamy.

ULIL: If a woman does not want to have a co-wife, what is their status in fiqh?

FAQIHUDDIN: In fiqh, a woman who does not want to have a co-wife has rights. In fiqh there are requirements for a man who wants to engage in polygamy. The wife can reject having a co-wife even though some ulema observe that this sort of requirement is invalid. When she has a co-wife, she can ask for a divorce. So it is wrong to say that a wife who blocks her husband’s desire for polygamy is prohibited by religion as has been said by Drs Muhammad Thalib.

I said in my article that polygamy is a process which dehumanizes women. The first wives endure self –depreciation and suffer. Some of them consider that the suffering is a part of sacrifice, destiny, and blame themselves for leading her husband to perform polygamy.

ULIL: Hence, there is little Islamic injunction which considers illegitimate polygamy verses legitimate polygamy through neglecting the social reality and various ulema’s views in interpreting relevant verses. What’s your own view?

FAQIHUDDIN: Yes. It is a matter distorts the thinking or our developed fiqh thinking: when fiqh observed as merely one opinion and other are neglected. Yet, in fiqh that view must be seen in the social context of each ulemam, for example, when saying that polygamy is sunnah, that might be observed from the matter of the past time context. It’s very naïve to believe that fiqh serve only a single opinion. 

ULIL: We know that Prophet had 9 wives, but in principle of fiqh, there are matters that should not be followed from the Prophet. Can you explain it further?

FAQIHUDDIN: That what is called as khushûsiyyât, or specification possessed by Prophet and possessed not and which should not be followed by other people. Polygamy might be included. Regarding the claim that polygamy is useful for protection upon the widows for instance, similar to the Prophet, they who want to perform polygamy should take the widows. Unfortunately, many of them like young girls and this is their reason for practicing polygamy.

The Hadits I mentioned above proved that polygamy is hurtful for the daughter or parent as well. On that consideration, polygamy could be pressed, and even prohibited. In personal context, polygamy is prohibited cause it is hurtful.

ULIL: Maybe in the Prophet’s age the law gradually changed. Someday what is idealized by the Islamic law is monogamy, and polygamy could be considered as prohibited or haram. What is your response?

FAQIHUDDIN: It could be. That is a form of reformation. Most of the prophet’s wives were widows. So the matter of protection is really manifested. It is dissimilar to the practice of polygamy here; hence the process of protection and transformation upon the woman is irrelevant. Therefore, several ulema like Muhammad Abduh,dare to say that currently polygamy is haram or prohibited, it even creates problems, like abandoned children, quarrels, and so on. The practices in Eqypt in that time inspire Abduh to say that in the current time, polygamy could be haram as well. The most important issue is that Islam emphasizes matters of justice.[]

(Translated by Lanny Octavia, edited by Jonathan Zilberg)