BETWEEN THEORY AND PRACTICE: UNDERSTANDING THE PRINCIPLE OF TAᵓADDUD AL-ZAWJĀT (PLURALITY OF WIVES) IN ISLAMIC LAW

Abstract

Otherwise known as plurality of wives, polygyny not polygamy in the Islamic legal regime, Ta ͨaddud Al-Zawjāt denotes the allowance given to a man to marry more than a wife with four as the maximum. This allowance is, however, not automatic. Hence, certain requirements are germane for the allowance to be operative. Nowadays, these requirements, which are conjunctive are being disregarded as men upon satisfying a requirement usually the financial requirement proceeds to marry additional wife. This paper examines the concept of Ta ͨaddud Al-Zawjāt (plurality of wives) in Islamic law, focusing on how its nomenclature has been misconstrued in both contemporary discourse and academic literature. With the aid of doctrinal methodology through textual analysis of primary sources including Qur'an and Sunnah, along with classical and contemporary juristic interpretations, this paper argues that the semantic understanding and practical application of Ta ͨaddud Al-Zawjāt has deviated meaningly from its original contextual framework. By re-examining this institution through its proper nomenclature, this paper finds that a number of men jettison the essential requirements to marry more than a wife and rely heavily on the financial requirement. This paper contributes to a sound understanding and grasp of Islamic family law and offers viewpoints on how classical concepts can be properly contextualized in contemporary Islamic legal discourse. It recommends, among others the need for men to have proper understanding of the requirements necessary before activating their right to marry more than a wife as enshrined in Islamic law.