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Making Laws Against The Permissions Granted By Allah
What is the proof we can Make laws to eg stop more than one marriage
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28 Replies
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Making Laws Against The Permissions Granted By Allah
updated 3 years, 7 months ago
5 Members
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28
Replies
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Who said we can?
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Ghamidi sahab says there is no problem for a state to do qanoon sazi to stop people from marrying more than one wife
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In Pakistan the State already has a law that a husband has to take permission of the first wife before marrying a second time. This was to prevent injustice to his first wife and children
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Yes I am asking does the state hold ikhtiyaar in this matter. Sure if they find that he is doing injustice then they could force him to dissolve the marriage but who said they can stop a God given right?
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I think though, in this matter, if they have enough proof of the society doing injustice- to prevent it from occurring they could make laws
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In that case also, shouldn’t it be a case to case decision? Rather than a general law for all such as not marrying more than one wife
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Sure and the person’s testimony should be taken that he will do justice. Then if he doesn’t even after that he could have extra punishment
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When a law is made by the State it has to be applicable to every one. Who will be the one deciding case by case? The Courts where there are thousands of pending cases
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If the state says don’t have more than one child as it increases pollution would this be islamically correct?
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There are certain laws of God that are absolute and no one has any right to change them. Then there are certain things that are not laws, and they could vary in time and space. Permission to marry 4 women falls in this category. If a state notices that this permission is being abused by men, they have the responsibility to restrict it in the interest of women.
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Why does it fall in that category? What is the evidence for this changing, versatile shariah?
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Permission to marry up to four women is a permission with certain restrictions – it’s not a law. Evidence is that Quran was sent down for people who have and use their intellect in order to understand it. It’s not a document laying out the code of conduct for robots.
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It was a permission given by God. The same way there are some punishments set out by God. Now can a state say that people are too malnourished and lashing will do too much harm. Or fasting for unintentional murder will do too much harm so we shouldn’t do it?
Now who gave us the right to take away this permission? Did God not know people may abuse it? The abuse that would take place should be dealt with but these sort of preventive measures were not deemed fit by God to employ it seems
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My response remains the same – Quran is not a document laying out the code of conduct for robots. It’s a book that is meant to guide the entire humanity through the end of time. In a sense, it serves as a constitution which doesn’t change but laws are made and revised often which carry out the spirit of the constitution.
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There are some codes of conduct given in it though that will remain the same. One of these is the permission to get married to more than one woman.
What is a law that is revised?
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The permission to marry more than one wife cannot be misused just because a man has fancied some one. Allah has told us to use our aql and understand His commands as in the Qur’an
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Why not- if he can do justice
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Just because the permission is there a man must marry without taking account of the consequences
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But you saying he can’t marry just because he fancies someone is wrong.
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Simple law is he has to take permission from his first wife so that this permission of 2nd marriage is not misused by husbands
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When Allah gave this permission he did not see fit to include this condition. That should surely mean something
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When Allah gave this permission he did not see fit to include this condition. That should surely mean something. What do you think? Do we have the right to change God’s given law?
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It’s not a law – it’s a permission.
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And when he gave the permission, who are we to set limits on it?
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Ahmad the permission is granted in order to render good in the society, as is clear from the context. The fundamental thing that God is after, is the spread of good while still maintaining justice. If the society notices that the permission is being misused by people and is in fact having a negative effect in a particular society then they can place restrictions as needed. Umar Ibn Al-Khattaab RA suspended the punishment of cutting hands of the thieves in the year of famine. This was not about changing the law of God, but in fact implementing the law of God in a manner where it’s spirit is completely fulfilled even if it can’t be fulfilled in the letter.
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Yes, the spirit of the law about thieves allows that starving people be forgiven. But when it comes to four wives, the permission is that you can do it even if you just like them. So if someone wants to undertake this God given right for any reason (maybe his first wife is infertile) then what is in the spirit of the command that his needs be overlooked and a ‘one size fits all’ command be implemented in this manner? The permission’s spirit is that the person himself should judge whether he can do justice or not. After he does some injustice the state can come in- but why before? Not all people are the same
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Well more biryani for me – just don’t forget to invite me to all four!
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Please refer to the video below from 41:10 till the end:
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