Elucidation and Study of the Expanse of Appearance and Indication of the Āya on the Permissibility of Polygamy
Journal Title: فقه و اصول - Year 2014, Vol 45, Issue 95
Abstract
Since long ago, there have been discourses among the exegetes concerning the indication of the āya on polygamy ﴾If you fear that you may not deal justly with the orphans, then marry [other] women that you like, two, three, or four﴿, especially regarding the relation between the condition and the result. Various opinions, statements, and probabilities have been expressed in correcting this relation. A tradition based on the relinquishment of one third of the Qur’ān in the middle of condition and result as well as the replacement of the verses has aggravated the ambiguity of the meaning of the āya. In order to keep essential the permissibility of polygamy, the jurists have dealt less with the indication of this āya. Explaining the expanse of the appearance and indication of this āya, the present article has brought up and criticized the two major viewpoints (of ‘Allāma Ṭabāṣabā’ī) on the relation between condition and result and then has proved and reinforced the third viewpoint in the āya, according to which the āya has proposed the permissibility of polygamy for the men who fear undertaking the guardianship of orphans would lead to the violation of their rights and properties, so that they can, in light of the women’s presence, who are a source of emotion and kindness, deal with the proper training and educating the orphan children.
Authors and Affiliations
Sayyid MaḥMūD ṢāDiqzāDa ṬBāṭAbā’ī
Keywords
Related Articles
- EP ID EP184406
- DOI 10.22067/fiqh.v0i0.12038
- Views 159
- Downloads 0
The Concept of Socio-political System (Niẓām) and its Application in Jurisprudence and Principles
One of the issues that has always been of interest to and emphasized by Muslim scholars in various sources of jurisprudence, principles, and other Islamic texts is the issue of “preserving the socio-political system.” Th...
The Sacred and Dishonoring it in Iranian Penal Code
Belief in the sacred is traced back to an age as old as the human society. From the beginning of the formation of primitive societies, belief in the sacred has existed. The sacred (or the holy things and beings), is a te...
Mutability of Protective Covenant (dhamma) with the Birth of Modern Citizenship Rights
The Islamic legal system established an institution based on which the followers of the triple religions, that is, Judaism, Christianity and Zoroastrianism, under the condition of accepting an agreement entitled as “dham...
A comparative study of the primary rule for doubt from the viewpoint of Mohaghegh Nāīnī and Shahīd Sadr
When in doubt over duty and the absence of reason, it is the time for adhering to practical principle; but, there is disagreement among principalists as to what is the rimary rule in times of doubt. Some scholars includi...
An Introduction to the Application of Justice Rule
Justice rule is among the legal rules that have less dealt with. Application of this rule is based on achievement of justice as an attribute for legal rulings. Some jurists have no regarded human beings to be capable of...