NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN

LAW, RANCHI.

SYNOPSIS FAMILY LAW-II

AN EXPLORATION OF POLYGAMOUS MARRIAGE UNDER

MUSLIM LAW

SUBMITTED BY-
SUBMITTED TO-

HARSH JINDAL
DR.SANGITA LAHA

SEMESTER IVth (ASSOCIATE PROFESSOR)

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ROLL NO-744

INTRODUCTION

Polygamy has been a prominent feature since ancient times practiced among different
communities. It is deeply rooted in lifestyles of our ancestors. Polygamy is the practice
of having more than one wife at a time. The scenario now has changed and not all
communities practice polygamy but it is restricted to Islam which allows marrying at
most four women. Although Islam is one of the fastest growing religion, yet it is the
most misunderstood faith in the world because many claims that it is unjust to women
when it permits polygamy. The permission of polygamy is also one of the major
reasons behind conversion to Islam which is very unjust for a religion. Polygamy was
allowed earlier because of some valid reasons, but now it is being blindly practiced. It
instead promotes inequality among religions as no other religion allows polygamy
except Islam. Polygamy has now become problem for women as they are being
exploited. The permission of polygamy has become a highly contentious issue
challenging the Muslims. The non-Muslims question the validity of polygamy whereas
others accuse Islam of injustice as it allows polygamy. This paper argues that women
in polygamous marriage are more disadvantaged than their counterparts in
monogamous relationship and also questions whether polygamy should be prevalent in
present times.

AIMS AND OBJECTIVES

 To analyze the history of polygamy.

 To check the validity of practice of polygamy in present time.
 To analyze the impact of polygamy on other religions.
 To analyze and compare the position of women in polygamous and monogamous
marriage.

RESEARCH QUESTIONS

1. What was the reason behind allowing polygamy in ancient times?

2. Whether polygamy should be prevalent in present time also?
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 3. What is the effect of permitting polygamy in Islam on other religions?
4. What is the difference in the position of women in polygamous and monogamous
marriage?

RESEARCH HYPOTHESIS

Polygamy is allowed since ancient times but now it is restricted to Islam and no other
religion allows polygamy. The practice is being blindly followed without any reason.
Polygamy should now be abolished.

RESEARCH METHODOLOGY

This is doctrinal research. Therefore, the primary sources include statutes and
secondary sources including books, journals, newspaper articles, websites, and cases
etc.

LITERATURE REVIEW

 (Ishiaku Safiyanu,2014)
This article gives a brief about the polygamy and also talks about the challenges to
polygamy. It talks about polygamy as one of the most contentious issue and the need
for renewal in Islamic thought and to address the complexities and realities of modern
life, that it is inappropriate and unsustainable to practice polygamy in the 21st century.
It seeks to address whether polygamy is still relevant to the changing realities of modern
life and provide answers to some of the criticisms against its practice in the
contemporary societies.

 (Tsoaledi Daniel Thobejane, 2014)

This paper highlights what people in polygamous marriages face on a daily basis. It
argues that there are more disadvantages for women who are in polygamous marriages
than there are for their counterparts in monogamous relationships. The paper further
suggests that the patriarchal power structure appears to play a powerful and effective
role in polygamous marriages in our societies. However, there is also a realization that
many people practising polygamy are happier. There is also an exploration of the
complexities of polygamous marriages from a worldview with the hope of
understanding the nature and evolution of polygamous marriages.

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 .
 (PARUL CHAUDHARY,2015)

It gives a brief on the inequality among various personal laws. It defines the true
meaning of Islam and also the problem with polygamy and with the women. She writes
that religious personal laws are hurdle for women and somehow religious personal laws
promote patriarchy as women are treated as chattel of husband. It gives a brief about
the problem and inequality among personal laws.

 (Thom Brooks ,2009)

Polygamy is a hotly contested practice and open to widespread misunderstandings. This
practice is defined as a relationship between either one husband and multiple wives or
one wife and multiple husbands. Today, 'polygamy' almost exclusively takes the form
of one husband with multiple wives. In this article, his focus is centred on limited
defences of polygamy offered recently. He argues that these defences are unconvincing.
The problem with polygamy is primarily that it is a structurally inegalitarian practice in
both theory and fact. Polygamy should be opposed for this reason.

TENTATIVE CHAPTERIZATION

1. INTRODUCTION
2. POLYGAMY IN ANCIENT TIMES.

3. PROBLEMS RELATING TO POLYGAMY.

4. PRACTICING MONOGAMY OVER POLYGAMY.

5. CONCLUSION
6. REFERENCES

REFERENCES

 Ishiaku, Safiyanu. (2014). Challenges of Muslims on Polygyny in the Modern

Societies: An Islamic Perspective. Journal of Modern Education Review. 4.
 Chaudhary, Parul (2015). Gender inequality in Hindu and Muslim Personal Laws in
India. International Journal of Home Science. 1(1).
 Brooks, Thom. (2009). The Problem with Polygamy. Philosophical Topics. 37.

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 Thobejane, Tsoaledi & Flora, Takayindisa. (2014). An Exploration of Polygamous
Marriages: A Worldview. Mediterranean Journal of Social Sciences. 5.