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

Reappraisal of Renunciation of Ownership in Jurisprudence and Law

The issue of renunciation (i‘rāḍ) is not discussed separately among the jurists and is only implicitly referred to in some instances. It is also neglected in statutes; and most of legal experts, following the laws and li...

Examining the Qur’ānic and Narrative Evidences for the Rule of “Prohibition of Taking Wages for Ritual Obligations”

Jurisprudence has been originated from the Qur‘ān and ḥadīth and the narrational or ma’thūr jurisprudence has been the first jurisprudential style after the rise of Islam, to such an extent that in the latter periods the...

An Inquiry into the Legal-Theological Rule of "Non-Reprimand and Unaccountability of a Person Versus another Person’s Action”

One of the significant legal-theological rule, which has drawn little attention in legal texts, is the rule of “not reprimanding a person for another person’s sin and the unaccountability of the person for other people’s...

Revisiting the authority of “alidjma almadraki” (idjma with known origins)

Non-authority of “alidjma almadraki” (idjma with known origins) is a topic frequently raised in the Usulis’ contemporary literature. In this paper, the authority of “alidjma almadraki” has been studied through revisiting...

A Research on the Nature, Impacts, and Functions of Mahāyāt from the Viewpoint of Islamic Sects’ Jurisprudence and the Statutory Law

Division of profits from common properties, known in Islamic jurisprudence as mahāyāt, is a suitable solution for preventing the loss resulting from commonage and can allow for the possibility of equitable vindication of...

Download PDF file
  • EP ID EP184406
  • DOI 10.22067/fiqh.v0i0.12038
  • Views 153
  • Downloads 0

How To Cite

Sayyid MaḥMūD ṢāDiqzāDa ṬBāṭAbā’ī (2014). Elucidation and Study of the Expanse of Appearance and Indication of the Āya on the Permissibility of Polygamy. فقه و اصول, 45(95), 45-63. https://europub.co.uk/articles/-A-184406