The Supreme Court in India recently ruled out the provision of having several wives for Muslims, saying polygamy is not a basic right for those who practice Islam. Judges A.K. Goel and T.S. Thakur ruled that Article 25 of the Indian Constitution guarantees freedom of conscience and practice of religion but it does not guarantee the practice of polygamy at the same time.

“What was protected under Article 25 was the religious faith and not a practice which may run counter to public order, health or morality. Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25,” they said during the ruling.

The court also upheld the decision of the Uttar Pradesh government to sack an employee who attempted to marry a second woman while still being married to the first.

According to certain interpretations of the Quran, a Muslim man can marry up to four women as long as he can provide for them justly. However, it also mentions that it is preferable for one man to have only one wife. Common Ground News Service (CGNS), which offers constructive content to promote dialogue on such issues, says the Quran advocates polygamy in the context of a woman’s needs and a couple’s desire to have children but not in terms of men’s rights.

In its fourth chapter, the Quran talks of polygamy while citing the migration of Muslims from Mecca to Medina.

“[This chapter] builds on the preceding one regarding the Battle of Uhud between early Muslims and the inhabitants of Mecca in which many Muslim men were killed, leaving widows and orphans,” CGNS says. “This is the context which is crucial to any discussion of polygamy in Islam; polygamy was allowed in verse 4:3 because of God's concern for the welfare of women and orphans who were left without husbands and fathers.”

Photo Credits: Supreme Court of India