%0 Journal Article
%T Conditions that Make Polygamy Legitimate and Special Conditions that Allow Polygamy in Islamic Law
%A £¿brahim Y£¿lmaz
%J -
%D 2019
%X Polygamy, the marriage of a man with more than one woman at the same time is a known and practiced institution in human history. Islamic law has accepted the institution of polygamy if it fulfills certain conditions and reasons as a substitute provision and limited the number to four. Thus, relevant verses in the Qur¡¯an (al-Nisa, 4/3, 129) and the Prophet¡¯s own practice (al-Ahzab, 33/50, 51, 59, al-Tahrim, 66 / 3-5) shows that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygamy is legally legitimate (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygamy has been attributed to the presence of two basic conditions: the observance of justice and sustenance. On the other hand, there may be some exceptional special circumstances permitting polygamy in Islamic law. For example, in the society, when the female population is too much, or because the woman is not always able to fulfill her family duties due to her cureless illness, polygamy is permitted in Islamic law. As it can be understood from the explanations above, polygamy in Islamic law is not a mandatory provision that should be applied by every man with the capacity to marry. On the contrary, it is an exceptional provision that is justified if there are ertain conditions and justifications. According to this; in Islamic law, polygamy is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs. Therefore, men do not have to marry a second woman on their current wives, women also have the right to say no to marry a married man as a second wife. When the conditions and rationales in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygamy in Islamic law, there must be three basic conditions: 1. Compliance with justice among spouses, 2. To have sufficient financial power to provide the support of spouses, 3. Individual or social need or necessity. Therefore, in order to prevent the exploitation of polygamy, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, it is possible that polygamy, which is legitimized by Islam for certain conditions and justifications, can cause some problems, unrest and injustice for the individual, family and society. Therefore, in the framework of certain conditions and justifications, polygamy accepted by Islamic law is a
%K £¿slam Hukuku
%K £¿ok E£¿lilik
%K Ruhsat
%K £¿zel Durumlar
%U http://dergipark.org.tr/bilimname/issue/43606/513350