Concept of Justice in Polygamy from Mohammad Quraish Sihab

Perspective

Bukhori Abdul Shomad

, Munirul Abidin

Universitas Islam Negeri Raden Intan Lampung Indonesia

Universitas Islam Negeri Maulana Malik Ibrahim Malang Indonesia

Keywords: Polygamy, justice, M. Quraish Shihab, Woman in Koran.

Abstract: Polygamy is a contentious issue that spawned a wide range of opinions. Some scholars support it, some

refuse it and some others support with requirements. Of the controversy issues in polygamy is a justice

matter. Can men be fair (justice) to women? To what extent does justice is required to be polygamous men?

Those questions will be answered through the idea of Mohamed Quraish Shihab. This study employs

literatur research method. Data collected through the books written by Shihab and then analyzed with a

content analysis approach. This research finds out that according to Shihab, polygamy is not the order of

Islam because this tradition was exist before Islam and Islam allows Muslem to do it because of social

problem appear after war. The justice in polygamy is not the inner meaning of justice (such as love and

affection) but justice in material problems and measurable.

1 INTRODUCTION

Study on the concept of justice in polygamy still

interesting today, especially when viewed from

Koranic interpretation perspective, because all views

expressed by the scholars on polygamy ultimately

come from the interpretation of the Koranic verses

(Jawad, 1991).

Some researches on polygamy in Islam had been

done by Islamic Scholars, either through the study of

texts or field study with grounded research

approach. The issue of polygamy has a historical

background that is very rational for Muslims

(Phillips, 1990). There are differences in perception

of polygamy in Islamic perspective between past,

present and future (Johnson, 2004). Other studies

also has been done, but all of which still leaves the

issue unresolved because the time differences affect

the understanding of Koranic meaning in polygamy

(Abidin, 2011; Jawad, 1991; Phillips, 2001;

Charsley, 2013; Nurmila, 2009).

In Indonesia the research on polygamy and the

concept of justice in it also has been conducted by a

lot of researchers (Khoiriyah, 2014; Fajarwati, 2015;

Nasution, 2015; Ma'mur, 2010; Dinata, 2006). All of

those researches indicate that polygamy is remain

became an important issue that still alive in

Indonesia and still require the in-depth study to

provide alternative answers to the problems of

polygamy in Indonesia today (Brenner, 2006).

This study wanted to examine the thoughts of a

famous Islamic thinker in Indonesia, Muhammad

Quraish Shihab. This figure is interesting to be

studied because he explained a fundamental problem

of polygamy that needed further examination. In

order to be more specific and in accordance with the

main point of the study, it will focused on the

concept of fairness or justice in polygamy in Shihab

perspective.

2 POLYGAMY BETWEEN PROS

AND CONS

The most popular Koranic verses talk about

polygamy is QS. An-Nisa` verse 3:

“If you fear you cannot act fairly towards the

orphans—then marry the women you like—two, or

three, or four. But if you fear you will not be fair,

then one, or what you already have. That makes it

more likely that you avoid bias”

This verse was revealed after Uhud war, where a

lot of Muslim fighters who died, leaving many wives

into widows and children into orphans. Of these

issues, polygamy is the only way to solve the

problem. As a result, many Moslems conducted

Shomad, B. and Abidin, M.

Concept of Justice in Polygamy from Mohammad Quraish Sihab Perspective.

DOI: 10.5220/0009926412851289

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1285-1289

ISBN: 978-989-758-458-9

1285

polygamy with the aim of protecting widows and

orphans (Gatje, 1976; Ahmed, 2002).

When we viewed from causes of verse

revealation, it is quite clear, but the law of polygamy

it’s self is still debated between supporting and

opposing. Opinions about polygamy law can be

broadly divided into three groups: first, those who

allow polygamy absolutely (supported by the

majority of classical scholars). Second, who

absolutely prohibit it. Third, who allow polygamy

under certain conditions (Nasution, 2002). Among

supporters of polygamy considers that polygamy is

sunnah, as emphasized in the Koran surah An-Nisa

verse 2-3. It was also viewed from the historical fact

that Prophet Muhammad practiced the polygamy.

For them polygamy is allowed (even ordered) as

done by the Prophet (Huda, 2008).

Understanding the verses above, Allah is not just

allows polygamy, but He highly recommends it, but

with two conditions that must be met. First, the

wifes of the second, third and fourth must be

widows with orphans. Second, there must be a sense

of worry can’t do justice to the orphans (Sharur,

2004). Conversely, if the conditions are not met then

the command of polygamy becomes void.

The group that resisted against polygamy said

that the Prophet Mohammed stayed longer

monogamous than polygamous. He conducted

monogamous in the midst of society tradition that

polygamy is commonplace. He lived with his first

wife, Khadijah Binti Khuwailid lasted 28 years. Just

then two years after the death of Khadijah the

Prophet's polygamy begins. Even then he lived only

about eight years from the rest of his life. In the case

of polygamy, the Prophet was to embody the Surah

An-Nisa verse 2-3 on protection against the widows

who had lost her husband who strived in the way of

Allah as well as orphans. By tracing the Jami 'al-

Usul by Imam Ibn al-Athir (544-606 H), can be

proved that polygamy of the Prophet was the media

to resolve the social problem when social institution

still not strong enough to provide a solution (Nashif,

1993).

The practice of polygamy, actually, has been a

common tradition before Islam. A man allowed to

marry a number of wives which swelled to a dozen

(Downhower, 1971; Smith, 1978). Islam came and

put down the rules in restricting the maximum

numbers of women allowed to be married are four,

with the strict condition that possibly difficult be

met by a man because it emphasizes the principle of

justice (al-Hibri, 1982).

Some opinions state the principle of justice is not

just some sort of quantitative equity provision of

material or time shift inter-wife but includes

qualitative justice (an affection that is the foundation

and the main philosophy of domestic life). This

opinion is supported by al-Dhahhak and members of

other scholars who stated that the purpose of a fair in

polygamy is just in all things, both in terms of

materials (requirements related to collateral or

physical) or in the case of immaterial (feeling). A

husband demanded fair in terms of love,

compassion, living, home and so on (Al-Qastholani,

1996).

Justice in polygamy is very difficult to be

realized because it includes not only material needs,

but also involves the feeling in the heart Thoha

(2003). The same view on the difficulty of doing

justice in polygamy also expressed by mostly

Muslim feminists. Polygamy is prohibited on the

basis of the negative effects of it (haram li ghayrih)

because the Koran started from the presupposition

that the requirement of justice against wives is

unrealizable (Mulia, 2004). This claim is based on

Surah An-Nisâ` verse 129 (Saifuddin, 2009).

In contrast to those opinions, some scholar stated

that justice in polygamy is only in the material needs

not included the immaterial thing. While doing

justice in the immaterial matter, unfair treatment can

be tolerated (Yasid, 2005). This opinion is based on

the hadith of the Prophet SAW when he felt guilty

not being able to do justice to his wives saying “O

God, this is my abilities, and you shall not charge

me for something I didn’t able.”

3 METHOD

This research employed a literature study method.

The primary sources in this research are books

written by Shihab and other books talk about him.

While the secondary sources are the books that

talked about the polygamy from other scholars. The

research was begun by reading some books relate to

topic, especially Shihab books, and analyze those

literatures in order to identify the key points and

essential attribute of matters. In general, this

research has several steps; first, classify information

contained in literatures. Second, select typical

examples to re-organize and the last come to

conclusion on the basis of qualitative description.

4 POLYGAMY IN SHIHAB

PERSPECTIVE: PROBLEM OF

JUSTICE

Surah An-Nisa` verse 3 explicitly states that a

husband may married more than a woman but not

more than four with a condition able to do justice to

them (Shihab, 2007). This verse explicitly forbids

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men to marry more than four womens. When this

verse was revealed, the Prophet ordered all men who

have more than four wives, to divorce some of them

and to keep only four.

Further, this verse does not make the regulations

on polygamy because polygamy has been

recognized and implemented in Arabian traditions

before. This verse also does not order polygamy or

encourage it, but just talking about the allowance of

polygamy, and even then a small emergency exit,

which is only passable in the very necessary and on

condition that no lightweight (Shihab, 2007). The

importance of the principle of justice in polygamy.

Justice is as a condition that must be met when a

husband wants to conduct polygamy. These opinions

show that Shihab is not included in the group who

oppose polygamy, but allow it by condition include

the principle of justice.

Based on the foregoing discussion it is said that

justice is a central tenet of Islam and universal. It is

something fundamental as the embodiment of Islam

that it main mission is rahmatan li al-'alamin.

Justice must be done in various aspects both in

public affairs and family life, including the issue of

polygamy. The importance of justice commanded in

the Koran in various letters and verses. Among the

fundamental reasons of justice in Islam is the

equality of human beings (Shihab, 2009).

It means: "Whoever is doing righteous deeds,

both men and women in a state of faith, verily shall

We give him a good life and verily We shall give

replies to them with a better reward than what they

have done" (Q.S. An-Nahl: 97).

Justice in the paragraph above as described by

Shihab is a key condition that must be met by a

husband who wanted to practice polygamy. Justice

in polygamy for him involves many aspects because

verse 3 surah An-Nisa is still something to do with

the previous verse or verse 2 that reminded the

trustee who manages the property of an orphan.

Justice in polygamy that concern to the justice

for orphans is a very good idea because most of the

phenomena that occur at this time, the polygamists

just focus their equity to the wives of polygamy

(although in practice the justice which is also

difficult to realize). Narrowing the meaning of

justice is simply understood as fairness in treating

wives become issues answered by Shihab. He stated

that justice in polygamy is also about justice for

orphans. This thought is resulting from the thematic

method of interpretation employed by him that

correlated previous verses with the verses being

studied as well as seeing factors causing verses

revealtion (asbab al-nuzul) of surah An-Nisa’ verse

3 that the number of widows and orphans after the

battle of Uhud.

5 DISCUSSION

From finding above we see that Shihab understand

polygamy as an order of Allah to solve the social

problem, in the context of maintaining the orphan

and the protection of widows. Man is allowed to

mary more than a woman by condition if he able to

do justice toward their wifes.

This opinion is in line with Engineer (1994)

thingking that polygamy is allowed as long as a

qualified justice, especially justice for women and

orphans. To determine the polygamy law necessary

to understand the context of the QS. An-Nisa’ verse

1-3 which begins with "and if you worry can’t do

justice to the children (girls) are orphans ..." The

third verse emphasis not to marry more than one

woman, but to do justice to the orphans. So the

context of this verse is to describe people who are

responsible for maintaining the wealth of orphans

often done improperly, which sometimes marry her

without a dowry. Thus, Koran fixed incorrect

behavior by marrying widows and orphans in this

context as a form of aid, not for sexual gratification.

This means, that this verse has contextual temporal

enforcement, not a paragraph which the universal

principles that must prevail forever (Engineer, 1994;

Nasution, 2002).

In addition justice in polygamy according to

Shihab was justice in the field of materials only. He

bases his opinion on Surah An-Nisa' verse 129:

Meaning: "You're never going to be able to do

justice between wives, even if you really want to do

so because it does not be too inclined (to whom you

love), so that you let others in limbo." (QS An-Nisa':

129).

The meaning of word “justice” in the paragraph

above is justice in the field of immaterial (love).

The paragraph implied that this kind of justice can’t

be achieved by human ability. So that for Shihab

justice in polygamy is only in the field of materials,

not included in the field of immaterial (affection)

(Shihab, 2002)

The presence of polygamy concept with a set of

rules and conditions as described by Shihab above,

according to the author is a correction of the

ignorance tradition that is not in accordance with the

principles of justice in Islam. God emphasizes a very

difficult requirement in conducting polygamy is

justice. This requirement is a breakthrough that is

very advanced in the circumstances at that time.

Allah explains in Surah An-Nisa' verse 129 that

someone would not be able to do justice even though

is keen to do justice. This word should not be

interpreted that justice in polygamy is only related to

the field of material, the argument can actually be a

reason that polygamy is something that is extremely

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difficult to do. It does not need to be done if it is not

confident of being able to do justice. Even if you

believe you should think twice because God had

warned in Surah An-Nisa’ verse 129 that a person

may not be fair in polygamy.

Amendments to a system are always held on the

previous experience that does not meet certain

principles. In the case of polygamy, the tradition of

of ignorance is far from the principles of Islam.

Then Allah "corrected" it with rules that accordance

with the justice as islamic principle. Re-examine the

social situations that cause injustice to establish

good community situation is almost the same as the

theory of John Rawls (2009). He states that one of

the important justice principles is that everyone has

the same rights on the basic of freedom.

This principle is very appropriate to be applied

in a relationship, especially in the context of

polygamy. By recognizing and understanding that

everyone has an equal right to the basic need of

freedoms, then a man who wants to do polygamy

will think again if he could give such rights as a

principle of justice, where justice is a key condition

in polygamy.

Justice in polygamy that emphasizes justice and

maintenance of orphaned and widows (Shihab,

2007), is in accordance with the spirit to correct the

social systems that cause injustice (Rawls, 2009). In

the ignorance tradition, marrying a number of wives

demonstrates the high power of a man. Having many

wives would add prestige and is rated as a great

man. Justice in polygamy according is correcting

this understanding that polygamy should be based on

resolving a social problem; protection of orphans

and the poor widows (Shihab, 2007).

6 CONCLUSIONS

Poygamy in Islam is an order that relate to the social

problem. It’s allowed to be done by man by

condition that he able to do the justice and by the

spirit for protecting the orpan and widows. The

justice in polygamy is not the inner meaning of

justice (such as love and affection) but justice on

matters that are material and measurable. Polygamy

is like the emergency exit in the aircraft, which can’t

be opened except when the situation is very serious

and approved by the pilot. Not every one can sit near

it, because it was not allowed to sit next to the

emergency door unless certain people who able to

open it.

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