نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار دانشکده حقوق دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the foundational principles of Islamic teachings in general—and of Islamic jurisprudence (fiqh) in particular—is the observance of moderation and balance in the ethical and legal rights and obligations incumbent upon individuals within the Islamic community, conceived as the “ummatan wasaṭan” (a justly balanced community). With respect to the issue of polygyny, such moderation can be discerned within the Islamic legislative system both through dalīl al-innī (inference from effect to cause) and dalīl al-limmī (inference from cause to effect). This article seeks, while emphasizing that—according to certain Muslim thinkers and in the lived practice of the majority of Muslims—the normative axis of family formation is permanent monogamous marriage as the ideal model, to demonstrate that a comprehensive consideration of the requisites of social life and due attention to the systemic coherence of Islamic law as an integrated and holistic legal order necessitate acknowledging the permissibility of polygyny, with its specific juristic parameters, as a realistic legal proposition. Human experience—particularly in the modern West, especially in light of seventy years of social developments following the sexual revolution—clearly indicates that Western non-Muslim societies, by prohibiting polygyny while simultaneously moving toward widespread sexual permissiveness, have inflicted greater harm upon the institution of monogamy than the marginal practices of some Muslims in Islamic societies where polygyny is legally sanctioned. This trajectory, in turn, has contributed to significant disruptions in the equilibrium of family life and has generated profound crises in familial relations.
کلیدواژهها [English]
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