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The history of polygyny: before Islam, the Qur'anic reform and modern law
Islam did not introduce polygyny. The practice already existed in most human societies. The Qur'an limited it to four wives and made justice a condition. Then in the 20th century Muslim states began to regulate it through statutes and courts.
- Understanding that Islam did not start polygyny but limited it and attached conditions to it
- Knowing what the Qur'an changed: the limit of four, the condition of justice and the wife's rights
- Recognising four models of legal reform in modern Muslim states
Key point: The Qur'an reorganised an existing practice with a limit of four, the condition of justice and the option of "only one" for those who fear they will not be just, while restoring to women their rights to mahr and inheritance. Today polygyny is a minority practice in countries that publish data, and most Muslim countries regulate it through conditions in the akad, notice or court permission.
- Read Surah an-Nisa' 4:3 and 4:129 with your spouse, including the phrase "then only one"
- Discuss with your spouse the legal model that applies in the country where you live
Empat cara negara Muslim moden mengawal poligami
Amalan minoriti di negara yang menerbitkan data
1Polygyny in human societies
Anthropological studies show that most recorded human societies allowed a man to have more than one wife. Henrich, Boyd and Richerson (2012) estimate that about 85% of societies in the anthropological record permitted polygyny. Yet within those societies, most men usually had only one wife because of cost and means.
- Mesopotamia: the Code of Hammurabi (18th century BCE) allowed a husband to take a second wife or concubine in certain circumstances. For example when the wife bore no children (§145), or when the wife fell ill (§148). In the second case, the husband remained obliged to support the first wife.
- China: wealthy men could have one lawful wife and several concubines. The practice was abolished by the Marriage Law of the People's Republic of China 1950.
- India: polygamy was permitted in Hindu custom until the Hindu Marriage Act 1955 made monogamy compulsory for Hindus (s.5(i) and s.17).
- Africa: polygyny is still widely practised through custom and Islamic law in many countries. See the Africa page.
2In earlier scriptures
This section refers to the texts as recorded in each religion's scripture, without passing judgement on them:
- The Hebrew Bible (Old Testament) mentions several figures who had more than one wife:
- Abraham with Sarah and Hagar (Genesis 16:3).
- Jacob with Leah and Rachel (Genesis 29:21–30).
- Elkanah with two wives (1 Samuel 1:2).
- David (2 Samuel 5:13).
- Solomon with 700 wives and 300 concubines (1 Kings 11:3).
- Later Judaism: the ban associated with Rabbenu Gershom (around 1000 CE) prohibited polygamy among Ashkenazi Jews. Some Eastern Jewish communities continued it for longer. Modern Israel makes bigamy a criminal offence (Penal Law, section to be verified).
- The New Testament contains no clear prohibition of polygamy. However, it requires church leaders to be "the husband of one wife" (1 Timothy 3:2, 3:12; Titus 1:6). Western churches later established monogamy, in line with monogamous Roman law.
3Arabia before Islam
In pre-Islamic Arab society there was no limit on the number of wives. Women's rights in marriage were also very weak. Authentic narrations give a picture of the situation:
- Ghailan bin Salamah ath-Thaqafi embraced Islam while he had ten wives. The Prophet ﷺ told him to choose four (Jami' at-Tirmidhi 1128; graded sahih by Ahmad Shakir and al-Albani).
- Qais bin al-Harith embraced Islam while he had eight wives, and was ordered to choose four (Sunan Abu Dawud 2241). This hadith was graded sahih by al-Albani, but some researchers grade it daif. The hadith of Ghailan is sufficient as evidence.
- Aishah r.a. explained that there were four forms of marriage in the time of jahiliyyah. Islam retained only one, namely a proposal to the wali with a mahr (Sahih al-Bukhari 5127).
- Aishah r.a. also explained the occasion of revelation of verse 4:3. Some guardians wished to marry orphan girls in their care for their wealth, without giving a fair mahr (Sahih al-Bukhari 4574).
- Women could also be "inherited" by the relatives of a deceased husband. This practice was forbidden by Surah an-Nisa' 4:19.
4What the Qur'an changed
The Qur'an did not start polygyny. It reorganised an existing practice by setting limits, conditions and rights:
| Matter | Before Islam | After revelation | Evidence |
|---|---|---|---|
| Number of wives | No limit | Maximum of four at one time | Surah an-Nisa' 4:3; at-Tirmidhi 1128 |
| Condition | None | Justice, and if one fears injustice then only one | Surah an-Nisa' 4:3 |
| Inclination of the heart | — | Equality is not required, but leaning completely so that the other wife is left "suspended" is forbidden | Surah an-Nisa' 4:129 |
| Mahar (dower) | Often taken by the wali or denied | The wife's full property | Surah an-Nisa' 4:4 |
| Marrying two sisters at once | Practised | Prohibited | Surah an-Nisa' 4:23 |
| Wife's inheritance | Wives did not inherit, and could even be "inherited" | Wives share 1/4 or 1/8 | Surah an-Nisa' 4:12, 4:19 |
5Practice of the early generations
- The Prophet's household ﷺ: he lived monogamously with Khadijah r.a. for about 25 years. His other marriages took place after Khadijah's death. See The Prophet's household ﷺ.
- The Companions: many Companions practised polygyny, and many had only one wife. Both were accepted, and those who practised polygyny were bound by the duty of justice.
- The episode of Ali and Fatimah r.a.: Ali r.a. wished to marry the daughter of Abu Jahl. The Prophet ﷺ gave a sermon from the pulpit and did not permit it unless Ali divorced Fatimah, because "Fatimah is a part of me" (Sahih al-Bukhari 5230; Sahih Muslim 2449). Scholars differ on how this episode is understood. Some regard it as specific, because it hurt the Prophet ﷺ and because of the union with the daughter of an enemy of Allah. Others see it as evidence that harm to the existing wife is taken into account.
- Conditions in the akad: the Prophet ﷺ said that the conditions most deserving of fulfilment are those by which marriage is made lawful (Sahih al-Bukhari 2721; Sahih Muslim 1418). On this basis the Hanbali school recognises a wife's condition that her husband not take another wife. See Conditions & taʿliq.
- Classical fiqh did not require a qadi's permission for polygyny. The conditions of validity are the pillars of marriage and the limit of four. The duty of justice was upheld through the wife's right to complain to the qadi.
6Codification in modern states
From the 20th century, most Muslim states enacted written family laws. The issue of polygyny was usually dealt with in one of the following ways: giving the wife the right to set conditions, requiring notice, requiring court permission, or banning it outright.
| Tahun | Country / law | Effect on polygyny |
|---|---|---|
| 1917 | Ottoman Empire: Hukuk-ı Aile Kararnamesi (Law of Family Rights) | The first codification of Islamic family law combining all four schools. A wife was allowed to stipulate in the akad that her husband would not marry another (article number to be verified). This law remains the basis in several former Ottoman territories |
| 1926 | Turkey: Civil Code (based on the Swiss Civil Code) | Only monogamous civil marriage is recognised |
| 1929 / 1985 | Egypt: Law 25/1929, amended by Law 100/1985 | The husband must declare his marital status and the existing wife is informed. The wife may seek divorce on grounds of harm within one year of finding out |
| 1953 | Syria: Personal Status Law | The first general personal status law in an Arab country. A judge may refuse if the husband cannot afford to support (article to be verified) |
| 1956 | Tunisia: Code du statut personnel Article 18 | Polygyny is prohibited and punishable by 1 year's imprisonment and/or a fine. The 1964 amendment made such a marriage void |
| 1959 | Iraq: Personal Status Law | A judge's permission is required (article to be verified) |
| 1961 | Pakistan: Muslim Family Laws Ordinance s.6 | Permission of the Arbitration Council is required |
| 1966 | Singapore: Administration of Muslim Law Act | The application is investigated by a kadi at the ROMM and the wife may object |
| 1974 | Indonesia: UU 1/1974, Pasal 3–5 | Monogamy is the basis. Polygyny requires the permission of the Religious Court (Pengadilan Agama) and the wife's consent |
| 1976 (in force 1982) | Malaysia: Act 164 (non-Muslims) | Monogamy for non-Muslims |
| 1977 | Philippines: PD 1083 Article 27 | Polygyny permitted for Muslims on condition of justice and equal treatment |
| 1984 | Malaysia: Act 303 s.23 and state enactments | Written permission of the Syariah Court is required. Without it is an offence (s.123) |
| 2004 | Morocco: Moudawana Article 40–46 | Only on exceptional objective grounds. Prohibited if the wife stipulated it in the akad |
| 2023 (in force 2026) | Indonesia: new KUHP (UU 1/2023) Pasal 402 | Marrying while there is a lawful impediment to marriage is punishable by up to 4 years 6 months' imprisonment, or 6 years if the impediment was concealed |
7Four models of reform
8The picture today
In countries that publish data, polygyny is a minority practice and mostly declining:
- Malaysia: 1,609 polygynous marriages in 2023 in the Peninsula and Sabah, compared with 3,064 in 2019. These figures were reported by The Straits Times based on JKSM data.
- Indonesia: 0.4% of husbands aged 15–54 have two or more wives (DHS 2017). Nikah siri is not included in this figure.
- Singapore: polygynous marriages made up 0.18% of Muslim marriages in 2020 (Singapore's report to CEDAW).
Further details are on the Statistics page.
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