Polygamy and civil marriage

M. Bitar, Rouba Mansour:

 

Civil marriage is not an end in itself, but a means to achieve other goals, including, for example, humanizing  treatment of women and considering them as equal in their rights to any other human being, Civil marriage is subject in its provisions to local and international positive law that is not sacred, and is not subject to the authority of so-called sacred things such as the provisions presented by religious texts, The fact that the provisions of civil marriage are not sacred makes them subject to development and change according to need and life circumstances. Among life circumstances is the practice of polygamy in some parts of the world and in some savage groups.

Polygamy is not a necessity for women, men, or children in this era. The existence of polygamy, and other forms of marriage—such as temporary marriage (misyar) and pleasure marriage (mut’ah)—is nothing but blind obedience to a barbaric text that has never had any human validity, Positive law, which defines the provisions of marriage, is a law free from rigidity, and thus serves humanity, which is evolving by nature, unlike the provisions of Sharia, which see the human being as its servant, even if this being is harmed by serving it, The legitimization of polygamy and the social problems and issues it represents were founded on the nonsense of the necessity of serving the text to gain the pleasure of God and His Messenger, and not on the necessity of serving humanity, Therefore, the subservient human being has declined in religious societies, while the text has flourished. Is it in humanity’s interest to serve the text and neglect itself?

To understand the problem of polygamy in this era, we must return to ancient history, even before the advent of Islam, Ancient societies practiced unrestrained polygamy, whether it was polyandry or polygyny,This occurred when some groups became patriarchal due to the superiority of male strength and the central role of male power in securing better material conditions for life, such as the ability to plunder, loot, and conquer, In Marxist terms, it was the economically superior man who had the privilege of shaping values, morals, customs, and traditions, or rather, achieving what he believed to be in his best interest, Given this temporal creature’s proximity to the human-animal stage, he treated the physically weaker woman with appalling bestiality, The most horrific aspect of this bestiality was its persistence despite the absence of any justification for it, In a historical context like the era of gathering and hunting, women were more economically capable than men, hence the practice of polyandry—the matriarchal era—which transformed into the patriarchal era after changes in methods and means of production, Today, and for a long time now, There is a need for a matriarchal era and no longer a need for a masculine era. There is a need for equality,Those who live psychologically in the era of conquest have not realized this development. Therefore, male groups are called savage and backward.Polygamy was and still is a form of slavery, as just as a man had the right to own whatever he wanted, he also had the right to bring under his authority and within the scope of his ownership whatever women he wanted, and he would free the woman – the wife – in the same way that he freed his male or female slave!! When the new religion came, it approved this patriarchal social custom along with a group of other patriarchal customs, but it restricted the right of polygamy to only four women, and it made justice a condition for permitting polygamy (If you fear that you will not be just, then only one), That is, the religion of Ibn Abdullah preserved the centrality of the male role and its gains exactly as it was prevalent in pre-Islamic society, This is expected, considering that the true religion is an extension of pre-Islamic customs, traditions and ideas.  The Islamic religion did not clearly explain the wisdom behind polygamy, Early Christianity prohibited polygamy, This discrepancy cannot be understood in a clear historical way, but it is permissible to point out the civilizational difference between the Bedouin of the Arabian Peninsula and Roman civilization, and that the roots of Islam in the Arabian Peninsula differ from the roots of Christianity in Palestine, Islam developed the Bedouin roots in a non-confrontational way and theoretically limited the number to four, In this limitation there is a direction that can only be said to be the correct direction, but it remained patriarchal in its method and essence, even in the number of women for each man, i.e. four wives, in addition to the unlimited number of concubines, and then the contradiction between the condition of “justice” and the possibility of applying this justice, Ibn Abdullah did not treat the elderly Sawda and the young Aisha equally, as evidenced by the elderly Sawda giving her wedding day to Aisha to avoid being divorced by Ibn Abdullah, He also contradicted himself by limiting the number of wives because he did not personally adhere to this number, meaning that he did not consider himself a role model.  After the matriarchal society (motherhood) came the patriarchal society, and we are now in the era of human society, male and female, We are in the era of equality between men and women, because men are no longer economically dominant, Women are like men in production, ability, and efficiency, and are even superior to men in many aspects of work and life.The Muslims did not realize all of that, and their understanding of all of that was vague and confused, Their intellectual structure has always been derived from the principle of obedience and submission to what was called “heaven,” Therefore, they did not object later, despite what Al-Ma’arri said in condemnation of polygamy, and they did not object to the fabrications of Al-Qaradawi or others in their defense of polygamy, and they did not discover Al-Qaradawi’s contradictions when he was asked about the meaning of “and you will not be able to treat wives equally,” as he said that the reasoning in this matter is rejected because it carries within it an accusation against Ibn Abdullah.  The caliphs, starting from the early ones and in the Umayyad, Abbasid, or even Ottoman phase, had to develop the matter in the direction that was indicated from the beginning, Ibn Amina did not marry Khadija, and Ali did not marry Fatima, as long as Khadija was alive, and Fatima was alive. The Muhammadans did not grasp the significance of all of that, but they understood very well how to be savage and how to cheat even on religion, and how to revolve around marriage, which turned into a morbid neurosis.The era of polyandry is over, and the era of polygyny is over, Now we are in the era of equality! For every woman there is a man and for every man there is a woman, Progress passed by some without much notice, so they were neither affected by it nor did it affect them. As a result, they erased the era that did not benefit from them, nor did they benefit from it!

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