Qur'an & Hadith

Lit., "whom your right hands possess" - i.e., from among the captives taken in a war in God's cause (regarding which see surah {2}, notes [167] and [168], and surah {8}, note [72]). It is obvious that the phrase "two, or three, or four: but if you have reason to fear...", etc. is a parenthetic clause relating to both the free women mentioned in the first part of the sentence and to female slaves - for both these nouns are governed by the imperative verb "marry". Thus, the whole sentence has this meaning: "Marry from among [other] women such as are lawful to you, or [from among] those whom you rightfully possess - [even] two, or three, or four: but if you have reason to fear that you might not be able to treat them with equal fairness, then [only] one" - implying that, irrespective of whether they are free women or, originally, slaves, the number of wives must not exceed four. It was in this sense that Muhammad 'Abduh understood the above verse (see Manar IV, 350). This view is, moreover, supported by verse {25} of this surah as well as by 24:32, where marriage with female slaves is spoken of. Contrary to the popular view and the practice of many Muslims in the past centuries, neither the Qur'an nor the life-example of the Prophet provides any sanction for sexual intercourse without marriage. As regards the permission to marry more than one wife (up to the maximum of four), it is so restricted by the condition, "if you have reason to fear that you might not be able to treat them with equal fairness, then [marry only] one", as to make such plural marriages possible only in quite exceptional cases and under exceptional circumstances (see also the first clause of 24:32 and the corresponding note [42]). Still, one might ask why the same latitude has not been given to women as well; but the answer is simple. Notwithstanding the spiritual factor of love which influences the relations between man and woman, the determinant biological reason for the sexual urge is, in both sexes, procreation: and whereas a woman can, at one time, conceive a child from one man only and has to carry it for nine months before she can conceive another, a man can beget a child every time he cohabits with a woman. Thus, while nature would have been merely wasteful if it had produced a polygamous instinct in woman, man's polygamous inclination is biologically justified. It is, of course, obvious that the biological factor is only one - and by no means always the most important - of the aspects of marital love: none the less, it is a basic factor and, therefore, decisive in the institution of marriage as such. With the wisdom that always takes human nature fully into account, Islamic Law undertakes no more than the safeguarding of the socio-biological function of marriage (which includes also care of the progeny), allowing a man to have more than one wife and not allowing a woman to have more than one husband at one time; while the spiritual problem of marriage, being imponderable and therefore outside the scope of law, is left to the discretion of the partners. In any event - since marriage in Islam is a purely civil contract - recourse to divorce is always open to either of the two partners. (Regarding the dissolution of a marriage at the wife's instance, see surah {2}, note [218].)