Thursday, 22 November 2012

The Law of Polygami


The expression "sunna polygamy" is often used as justification for polygamy. However, take refuge in the statement, is actually another form of transfer of responsibility for the charges to be fair because in reality, as confirmed Qur'an, justice is very difficult (An-Nisa: 129).
Proposition "polygamy is sunna" is usually filed because the back of the text of verses in the Qur'an (Surah An-Nisa, 4: 2-3) more easily broken. The only verse that talks about polygamy actually not express it in the context of motivation, much less appreciate polygamy. This verse put polygamy on the context of the protection of the orphans and widows of war.

From the second verse, some contemporary scholars, such as Sheikh Muhammad Abduh, Rashid Rida Sheikh, and Sheikh Muhammad al-Madan-Azhar, Egypt's third-leading scholars prefer to tighten.

Furthermore Abduh said, polygamy is a deviation from the normal marital relations and only justified syar'i social emergency, such as war, provided no damage and injustice (Tafsir al-Manar, 4/287).
Surprisingly, the verse for the pro-polygamy twisted into "full rights" of men to air polygamy. Their pretext, the act is to follow the sunna of the Prophet Muhammad. Became laughable when the practice of polygamy and even used as a measure of a person's Islam: the more active the better poisisi polygamy is considered religious. Alternatively, the patient receives a wife polygyny, the better the quality of his faith. Slogans are often raised, for example, "polygamy brings blessing," or "polygamy is beautiful," and the more popular is the "polygamy is sunna."
Kesunahan Polygamy Law Seen From The definition of Jurisprudence
In the definition of fiqh, sunnah means the act of a good thing to do. Generally refers to the behavior of the Prophet. However, the practice of polygamy, which is attributed to the Prophet, is obviously very distorted.
The reason is, if it is considered sunnah, why the Prophet did not do it from the first marriage? In fact, throughout his life, the Prophet longer monogamous than polygamous. Imagine, monogamy the Prophet in a society that considers polygamy is commonplace. Prophet households with single wife, Khadijah bint Khuwalid RA, lasted for 28 years. Only later, after the death of two-year Khadijah, the Prophet's polygamy. It was only about eight years old lived the rest of his life. From these calculations, it is actually not unreasonable statement "polygamy is sunna".
Sunna, as defined Imam Shafi'i (d. 204 H), is the application of the Prophet to the revelation. In the case of the Prophet's polygamy were manifest An-Nisa verse 2-3 on protection against death widow and orphans. By tracing the book Jami 'al-Usul (compilation of six books of hadith famous) works of Imam Ibn al-Athir (544-606H), we can find no evidence that the Prophet's polygamy is a medium to solve social problems at that time, when social institutions have not strong enough for a solution.
Evidence that the Prophet for marriage settlement of social problems can be seen in the hadith texts that discuss marriages of the Prophet. Most of them are widows die, except Aisha bint Abu Bakr RA.
In addition, as a historical record of Islamic jurisprudence, the expression "sunna polygamy" is also a very large reduction. Marriage, according to Islamic law, have various legal predicate, depending on the condition of the prospective husband, fiancee, or condition of society. Marriage can be obligatory, sunna, permissible (allowed), or simply allowed. In fact, Imam al-Alusi in his commentary, Ruh al-Ma'ani, said marriage can be forbidden when the prospective husband knew he would not be able to fulfill the rights of the wife, let alone to hurt and harm. So it is with polygamy. Therefore, Muhammad Abduh to see the condition of Egypt at the time, preferring to prohibit polygamy.
Prophets and ban polygamy
In the book of Ibn al-Athir, polygamy prophet is social transformation (see the Jami 'al-Usul, chapters XII, 108-179). The mechanism adopted polygamy prophet is a strategy to improve the position of women in the Arab feudal traditions in the 7th century AD. At that time, the social value of a woman and a widow so low that a man can be married as much as they like.
Instead, the Prophet is to limit the practice of polygamy, criticized arbitrary behavior, and confirms the necessity to be fair in polygamy.
When the Prophet saw some friends had been married eight to ten women, they were asked to divorce, leaving only four. That is what the Prophet to Ghilan ats-Tsaqafi bin Salamah RA, Wahb al-Asadi, and Qays ibn al-Harith. And, this is an explicit statement of the restrictions on polygamy habits that initially no limit at all.
On many occasions, the Prophet has mostly emphasized fairness polygamy. In a phrase is stated: "Whoever marries two women, while he could not do justice to both, in the afterlife will loose half of his body and cut off" (Jami 'al-Usul, chapters XII, 168, hadith number: 9049). In fact, on many occasions, the Prophet emphasized the importance of being patient and keeping his wife.
Hadith texts polygamy actually leads to criticism, alignment, and return to the principles of justice. From this angle, the statement "polygamy is sunna" is contrary to what the Prophet. Moreover, by looking at the statements and attitude of the Prophet was firmly rejected polygamy Ali ibn Abi Talib RA. Oddly, the text of this Hadith rarely raised the pro-polygamy. In fact, the text is narrated the hadith scholars prominent: Bukhari, Muslim, Turmudzi, and Ibn Majah.
Prophet was furious when he heard his daughter, Fatima bint Muhammad, will polygamy Ali ibn Abi Talib RA. Upon hearing of the plan, the Prophet went straight to the mosque and climbed the pulpit, and he cried: "Some of the family of Hashim bin al-Mughirah ask me permission to marry their daughter to Ali bin Abi Talib. You know, I'm not going to allow, once again it will not allow. I'm really not allowed, except Ali bin Abi Talib divorces my daughter, kupersilakan marry their daughter. Know, my daughter is part of me; what bothers her feelings are bothering me too, what hurt him was hurting me too. "(Jami 'al-Usul, chapters XII, 162, hadith number: 9026).
Same with the prophet who speaks about Fatima, almost every parent will not be satisfied if her co-wife. As the Prophet said, polygamy will hurt women, and also hurt her parents.
If the statement of the Prophet is a basis, then we can be sure that it is not sunnah practiced polygamy because it is undesirable Prophet. And, Ali ibn Abi Talib RA alone Fatima RA remain monogamous until death.
Polygamy not Need Support Text

Actually, the practice of polygamy is not a matter of the text, a blessing, let alone the sunna, but cultural issues. In understanding the culture, the practice of polygamy can be seen from different social levels.
For the poor farmers and the agrarian tradition, polygamy is considered as a survival strategy for saving resource management. Without difficulty, polygamy will be obtained through dual labor without pay. This culture is brought migration to the city even though the structure of society has changed. As for priyayi, polygamy is none other than form pembendamatian women. He is akin to wealth and throne are useful for improving the degree of social support him.
From the cultural point of view it becomes clear that polygamy is a process of dehumanization of women. Taking the view of education experts Freire, dehumanization seen in the context of polygamy where polygamy when women undergo self-depreciation. They justify, and even agree with the actions of polygamy despite suffering physically and spiritually extraordinary. Not least among those who think that suffering is a sacrifice that has been duly served, or polygamy was due to his own fault.
In demographic terms, the polygamist often argue statistics. That what they do is community service to cover the gap population is not balanced between men and women. Of course, this argument is even a laughingstock. Because, statistically, although the number of women is slightly higher, but it only happens at the age of 65 years or below 20 years. In fact, in the age group 25-29 years, 30-34 years, 45-49 years and a higher number of men. (Administration and the National Census of 2000, thanks to a research institute IHS has supplied this data).
However, if religious arguments are used, it is conceived as the principle of religious texts, the basis of polygamy should be seen as an emergency road. In the rules of fiqh, the emergency is allowed. It's the same as eating carrion; an act that warranted when there is nothing else to eat except carrion.
In the character of Islamic jurisprudence, the actual choice of monogamy or polygamy is considered a partial problem. Predicate law will follow the conditions of space and time. Behavior of the Prophet himself showed how this problem can be different and change from one condition to another condition. Therefore, the choice of monogamy-polygamy is not something that principle. That principle is the need to constantly refer to the basic principles of Islamic justice, bring benefit and does not bring harm or damage (mafsadah).
And, when applicable, to identify the principal values ​​in relation to the practice of polygamy, women should be put as the subject of determining justice. This principle because they directly receive due to polygamy. And, for the testing of these values ​​must be done empirically, interdisciplinary, and objectively by looking at the effects of polygamy in social reality.
And, when the measure was implemented, as witnessed Muhammad Abduh, it's going produce more harm than good. That's why Abduh then asked the prohibition of polygamy.
In this context, the text cites Abduh traditions of the Prophet Muhammad: "It is not justified any form of damage (dharar) against themselves or others." (Jâmi'a al-Usul, VII, 412, hadith number: 4926). The phrase is certainly more the principle of the statement "polygamy is sunna".

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