Al-Istinbath
Jurnal Hukum Islam

Vol. 8. No. 1, May 2023, 53-74
P-ISSN: 2548-3374 (p), 25483382 (e)
http://journal.iaincurup.ac.id/index.php/alistinbath

Polygamy in Perspective of Islamic Law Hermeneutics
*

Danial
Institut Agama Islam Negeri Lhokseumawe, Indonesia
Corresponding Author: *danial@iainlhokseumawe.ac.id
DOI: https://dx.doi.org/10.29240/jhi.v8i1.5139
Received: 01-08-2022
Revised: 17-04-2023
Cite this article:

Accepted: 06-05-2023

Danial, D. (2023). Polygamy in Perspective of Islamic Law
Hermeneutics. Al-Istinbath: Jurnal Hukum Islam, 8(1), 53-74.
doi:http://dx.doi.org/10.29240/jhi.v8i1.5139

Abstract
This article examines the legal verses of polygamy from a
hermeneutical perspective. The third verse of surah al-Nisa is often
understood as a verse commanding polygamy, because it contains
recommendations to marry more than one woman, namely: two,
three and four. The data used in this article are divided into two
categories. The collected data were then analysed using the
hermeneutic theory of Emelio Betti, Martin Heidegger, Hans Georg
Gadamer and Paul Ricoeur with a descriptive method. The results
of the research based on the hermeneutic theories above show that
the third verse of surah al-Nisa which is usually used as the
argument for polygamy from the Koran actually reinforces the
recommendation of monogamy because according to Betti the
purpose of marriage is sakinah mawaddah wa rahmah, this goal is
difficult to realize in polygamy. Then according to Heidegger the
verse above talks about justice for orphans. Furthermore Gadamer
that polygamy is carried out with 2 conditions; (1) the 2nd, 3rd and
4th wives are widows who have orphans; (2) there must be a feeling
of worry that they cannot do good and justice to orphans except by
marrying their mothers. Finally, Ricoeur is of the view that the verse
above is an order to act fairly in protecting the assets of orphans.
The conclusion is that the third verse of surah al-Nisa is a
recommendation for monogamy, not an order for polygamy.
Keywords: Polygamy; Marriage; Islamic Law

Copyright © 2023 Danial
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0
International License

54 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

Introduction
Polygamy is defined as the marriage of a husband with more than one
wife.1 This tradition is not a new matter in human life. History has shown that
before Islam came,2 people from various nations rehearsed it.3 Polygamy is a
common and ordinary custom and is accepted by many nations.4
The Ulema argue that polygamy is also part of Islamic teachings so this
religion is often identified with polygamy.5 Not a few Muslims speak the Sunnah
which is understood as the Sunnah of polygamy.6 This does not just appear,
there are things behind this kind of understanding, one of which is the
interpretation of the three surah al-Nisa or what is commonly used as an
argument for the permissibility of polygamy. Allah's Word in the Alquran:
َ
َ ُ َ ‫َا‬
َ
َ ُٰ ْ ۤ
َ ُ َ َ َ َ ْ ُ ْ َ َْٰ
ْ ُ ْ ُ ‫َ ْ ْ ُ َا‬
‫الن َسا ِء َمث ٰنى َوثلث َو ُرٰب َع ۚ ف ِا ْن ِخ ْف ُت ْم اَّل ت ْع ِدل ْوا ف َو ِاِ َدً ا ْو‬
ِ ‫وِان ِخفت ْم اَّل تق ِسطوا ِفى ٰٓ اليت ٰمى فان ِكحوا ما طاب لك ْم ِمن‬
7ۗ ْ ُ ْ ُ َ ‫َ َ َ َ ْ َ ْ َ ُ ُ ْ ٰ َ َ ْ ٰ َ ا‬
‫ما ملكت ايمانكم ۗ ذ ِلك ادنى اَّل تعولوا‬
And if you are afraid that you will not be able to do justice to (the rights of) orphaned
women (if you marry them), then marry (other) women who you like: two, three, or four. if you
are afraid that you will not be able to do justice, then (marry) only one, or the slaves you have.
That way is closer to not doing wrong.
Classical Islamic scholars interpret the above verse as permissibility to
have more than one wife.8 Ibn Katsir in his interpretation says the meaning of
َ ُٰ ْ
the sentence (‫ َ)مث ٰنى َوثلث َو ُرٰب َع‬is to marry the woman you like two, three to four as
َ ُٰ ْ
the expression (‫ َ)مث ٰنى َوثلث َو ُرٰب َع‬in surah Fathir verse 1 which means angels have
1 Nina Nurmila, “Polygamous Marriages in Indonesia and Their Impacts on Women’s
Access to Income and Property,” Al-Jāmi‘ah: Journal of Islamic Studies 54, no. 2 (2016): 427–46,
https://doi.org/10.14421/ajis.2016.542.427-446.
2 Nurus Sa’adah, Fitrah Fitria, and Kurni Widiastuti, “Poligami Dalam Lintas Budaya
Dan Agama: Meta-Interpretation Approach Nurus Sa’adah,” Asy-Syir’ah 49, no. 2 (2015): 479–
99.
3 Hervin Yoki Pradikta, Hasanuddin Muhammad, and Musda Asmara, “Poligami Di
Malaysia Dan Indonesia Serta Relevansinya Dengan Pemenuhan Hak Gender,” Al-Istinbath :
Jurnal Hukum Islam 5, no. 2 (2020): 213, https://doi.org/10.29240/jhi.v5i2.1932.
4
Sarah M S Pearsall, Polygamy (Yale University Press, 2019),
https://doi.org/10.2307/j.ctvmd8530.
5 Aurangzaib Alamgir, “Islam and Polygamy: A Case Study in Malaysia,” Procedia - Social
and Behavioral Sciences 114 (2014): 889–93, https://doi.org/10.1016/j.sbspro.2013.12.803.
6 Diana Farid et al., “Interfaith Marriage: Subjectivity of the Judge in Determination of
No. 454/Pdt.p/2018 Surakarta District Court,” Al-Istinbath : Jurnal Hukum Islam 7, no. 2 (2022):
347–62.
7 QS: al-Nisa 3/3.
8 Danial, Mahamatayuding Samah, Munawar Rizki Jailani, “Quo Vadis Acehnese
Shari’a: A Critical Approach to the Construction and Scope of Islamic Legislation,” Al-Jami‘ah:
Journal of Islamic Studies 60, no. 2 (2022): 621–54, https://doi.org/10.14421/ajis.2022.602.621654.

Danial: Polygamy in Perspective of …….| 55

wings of two, three and four.9 Imam Syafi’i added that this verse emphasizes the
permissibility of polygamy and it is not permissible for other than the Prophet
to be polygamous with more than four wives.10 Contemporary Islamic scholars
also allow polygamy for men on the condition that they can act fairly.11
Today, there have been significant changes in understanding the
scriptures. This phenomenon occurs in various religious communities, including
Muslims themselves. One of them is the hermeneutical method. Hermeneutics
is a way of interpreting verses by looking at the text and focusing on contextual,
historical, and social conditions when the text was revealed. Previous studies
have looked at the third verse of Surah An-Nisa as an argument for the
permissibility of polygamy. Such as the study conducted by Muhammad Arif
Mustofa with the theme "Polygamy in Religious and State Law",12 then
Bustamam Ahmad with the title "Polygamy According to Fiqh Perspective
(Case Study in Pidie District, Pidie District, Aceh)"13, then Romlah Widayati
with the theme "Understanding Interpretation of Polygamy Verses through the
Qur'anic Qiraat Approach: Interpretation of Qs. An-Nisa Verse: 3”.14 Therefore
the study focuses on interpreting the third verse of Surah An-Nisa, according to
the hermeneutical method initiated by Emelio Betti, Martin Heidegger, Hans
Georg Gadamer, and Paul Ricoeur.
The method of writing this article uses a qualitative study with a
descriptive approach.15 This article examines the third verse of surah al-Nisa
which is commonly used as a basis for polygamy from a hermeneutical
perspective. The data used in this article is divided into two categories, the first
is primary data, namely verses from the Koran on polygamy, and secondary data
from classical and contemporary books and books related to polygamy in
Islamic law.16 The collected data were then analyzed using the hermeneutics of

9 Ibn Katsir, Tafsir Al-Quran Al-Karim (Beirut: Dar al-Fikr, 2004).

Ali al-Syarbaji. Mustafa al-Khin, Mustafa Dib al-Bugha, Al-Fiqh Al-Manhaji ’ala
Mazhab Al-Imam Al-Syafi’i (Beirut: Dar al-Qalam, 2007).
11 Wahbah Zuhailī, Al-Fiqh Al-Islāmī Wa Adillatuhu (Damaskus: Dār al-Fikr, 1989).
12 Muhammad Arif Mustofa, “Poligami Dalam Hukum Agama Dan Negara,” ALIMARAH: Jurnal Pemerintahan Dan Politik Islam 2, no. 01 (2017): 47–58,
https://ejournal.iainbengkulu.ac.id/index.php/alimarah/article/view/1029.
13 Bustamam Usman, “Poligami Menurut Perspektif Fiqh (Studi Kasus Di Kecamatan
Pidie, Kabupaten Pidie, Aceh),” Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 1, no. 1
(2017): 276–88.
14 Romlah Widayati, “Memahami Penafsiran Ayat Poligami Melalui Pendekatan Qiraat
Al-Qur’an : Penafsiran Qs. An-Nisa Ayat : 3,” Alim | Journal of Islamic Education 1, no. 1 (2019):
203–26, https://doi.org/10.51275/alim.v1i1.125.
15 Munawar Rizki Jailani and Mohammad Taqiuddin Mohamad, “Analisis Penerapan
Syariat Islam Dalam Sektor Perbankan Pasca Pelaksanaan Syariat Islam Di Aceh, Indonesia,”
Jurnal Syariah 27, no. 2 (2019): 261–80, https://doi.org/10.22452/js.vol27no2.3.
16 Cik Hasan Basri, Metode Penelitian Fiqh, 1st ed. (Bogor: Kencana, 2003).
10

56 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

Emelio Betti, Martin Heidegger, Hans Georg Gadamer, and Paul Ricoeur using
descriptive methods.
Discussion
Hermeneutic Theory
Hermeneutics comes from the Greek word taken from the verb
hermeneutic. Hermeneuein means, interpret, give understanding, or translate.17
Schleiermacher argues that hermeneutics is a method or way of understanding
and interpreting texts or verses.18
Hermeneutics has its charm. It is considered relevant to the present day
because it can put back issues of principle and basis of interpretation and
understanding that have so far been ignored or shifted to an inappropriate
place.19 Hermeneutics provides an appropriate interpretation of the intent and
purpose of the text itself.20 There are several major figures in hermeneutics
including Emelio Betti, Heidegger, Gadamer, and Paul Recoeur.
The keyword of Betti's hermeneutics is objectification, namely how to
obtain an objective interpretation.21 In Betti's hermeneutics, interpretation aims
to find contemporary practical functional meanings. In interpreting a verse,
according to Betti, one must look for the practical relevance of the verse to the
present era, not to the past. So, the interpretation is applicable or can be applied
in our contemporary era, here and now. In this case, the third verse of surah
An-Nisa wants to be looked at again with its relevance to the current era.
The Heidegger school explores what is hidden behind the text or looks
for what the text does not say.22 According to him, interpretation is an attempt
to dialogue with what appears in the text. The dialogue process is carried out by
asking questions. Therefore, the interpretation process takes place on an

33–42.

17 Rini Fitria, “Memahami Hermeneutika Dalam Mengkaji Teks,” Syiar 16, no. 2 (2016):

18 Richard E. Palmer, Hermeneutics: Interpretation Theory in Schleiermacher, Dilthey, Heidegger
and Gadamer (Illinois: Northwestern University Press, 1969).
19 Abdul Muaz, “Hermeneutika Dan Mewaktu Bersama Heidegger,” Jurnal Studi Hadis
Nusantara 2, no. 2 (2020): 142, https://doi.org/10.24235/jshn.v2i2.7647.
20 Hendri Hermawan, “Yaumiddin Dalam Perspektif Emilio Betti,” Religia 20, no. 2
(2017): 111–23.
21 Emilio Betti, “On a General Theory of Interpretation: The Raison d’Etre of
Hermeneutics ,” The American Journal of Jurisprudence 32, no. 1 (January 1, 1987): 245–68,
https://doi.org/10.1093/ajj/32.1.245.
22 Marcella Horrigan-Kelly, Michelle Millar, and Maura Dowling, “Understanding the
Key Tenets of Heidegger’s Philosophy for Interpretive Phenomenological Research,”
International
Journal
of
Qualitative
Methods
15,
no.
1
(2016):
1–8,
https://doi.org/10.1177/1609406916680634.

Danial: Polygamy in Perspective of …….| 57

understanding that includes pre-owned knowledge (vorhabe), pre-vision (vorsivht),
and the possibility of interpretive understanding (vorgriff).
As for Gadamer, understanding the text requires participation in the
flow of tradition which combines the past and the present. The aim is to explain
in what way the text speaks to current necessities. Understanding always
includes application to the current situation.23
Meanwhile, Paul Riouer's hermeneutics is to compare the different uses
of multiple meanings and various functions of interpretation through different
disciplines. This means that symbols or texts must always be given new
meanings and interpretations. To explore new interpretations, interpretation
activities must be carried out at two levels which Paul Riouer called the first
intentionality and the second intentionality. The first is to understand the literal
meaning of a text, while the second is to explore the deepest meaning that is not
mentioned in the text. Stagnation occurs when the interpreter only stops at the
first intentionality, on the outward meaning of the text/on the grammaticallinguistic approach.24
School
Emilio Betti

Characteristic
The interpretation is applicable or can be applied
in our contemporary era, here and now
Martin Heidegger
The interpretation is to explore what is hidden
behind the text or look for what is not said by the
text
The interpretation is that understanding the text
Hans-Georg Gadamer
requires participation in the flow of tradition that
combines the past and the present
Interpretation is to compare the different uses of
Jean
Paul
Gustave
the numerous meanings and the various functions
Ricœur
of interpretation across different disciplines.
Analysis of the
Hermeneutics

Meaning of Polygamy

Verses

based on

This sub-theme is the main sub-theme in this paper, in which in this
theme the verses used by both classical scholars such as Ibn Kathir and Imam
Syafi'I as well as contemporary scholars such as Wahbah Zuhaili understand the

23 Hasyim Hasanah, “Hermeneutik Ontologis-Dialektis Hans-Georg Gadamer
(Produksi Makna Wayang Sebagai Metode Dakwah Sunan Kalijogo),” At-Taqaddum 9, no. 1
(2017): 1–33.
24 Abdul Wachid B.S. Wachid B.S., “Hermeneutika Sebagai Sistem Interpretasi Paul
Ricoeur Dalam Memahami Teks-Teks Seni,” Imaji 4, no. 2 (2006): 198–209,
https://doi.org/10.21831/imaji.v4i2.6712.

58 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

verse above as a limitation for men in married or polygamous.25 Furthermore,
the verse is reinterpreted with the hermeneutic theory initiated by; Emelio Betti,
Martin Heidegger, Hans Georg Gadamer and Paul Ricoeur to get more definite
and correct answers in understanding the issue of polygamy in Islam. As
mentioned above, the verse that is usually used to argue for polygamy is the
Word of Allah SWT in the third verse of Surah An-Nisa:
َ
َ ُ َ ‫َا‬
َ
َ ُٰ ْ ۤ
َ ُ َ َ َ َ ْ ُ ْ َ َْٰ
ْ ُ ْ ُ ‫َ ْ ْ ُ َا‬
‫الن َسا ِء َمث ٰنى َوثلث َو ُرٰب َع ۚ ف ِا ْن ِخ ْف ُت ْم اَّل ت ْع ِدل ْوا ف َو ِاِ َدً ا ْو‬
ِ ‫وِان ِخفت ْم اَّل تق ِسطوا ِفى ٰٓ اليت ٰمى فان ِكحوا ما طاب لك ْم ِمن‬
26 ۗ ْ ُ ْ ُ َ ‫َ َ َ َ ْ َ ْ َ ُ ُ ْ ٰ َ َ ْ ٰ َ ا‬
‫ما ملكت ايمانكم ۗ ذ ِلك ادنى اَّل تعولوا‬
And if you are afraid that you will not be able to do justice to (the rights of) orphaned
women (if you marry them), then marry (other) women who you like: two, three or four. then if
you are afraid that you will not be able to do justice, then (marry) only one, or the slaves you
have. that is closer to not doing wrong.
The verse above, according to the understandings of classical scholars
and we read briefly, shows the permissibility of a man to marry more than one
woman. The limit of wives understood in this verse is four people. Therefore,
this sub-theme will further explain the interpretation of this verse through the
theories put forward by the four hermeneutic figures as follows;
A. Emelio Betti
The key word of Betti's hermeneutics is objectification, namely how to
obtain an objective interpretation. In Betti's hermeneutics, interpretation aims to
find contemporary practical functional meanings. In interpreting a verse,
according to Betti, one must look for the practical relevance of the verse to the
present era, not to the past.27 So, the interpretation is applicable or can be
applied in our contemporary era, here and now. Because he has a legal
background, according to him words contained in a text must be understood in
a denotative sense, not connotative.28 Thus, it can be objectified in the reality of
life in order to regulate and control human behavior in society. The meaning
that must be chosen from a text is one that has functional value or is more
useful for humans now and here.29
If on this basis, Betti's hermeneutics is applied in understanding the
verse above, then the permissibility and inability of polygamy depends on which
one is more functional and useful in regulating people's behavior. If the reality
25 Wahbah Zuhailī, Subul Al-Istifadah Min Nawazil Wa Al-Fatawa Wa Al-‘Amal Al-Fiqhy
Fi Al-Tatbiqat Al-Mu’Asirah (Damaskus: Dar al-Maktabi, 2001).
26 QS: al-Nisa 3/3.
27 Hermawan, “Yaumiddin Dalam Perspektif Emilio Betti.”
28 Betti, “On a General Theory of Interpretation: The Raison d’Etre of Hermeneutics
.”
29 Mahmudi, “Hermeneutika Emilio Betti Dan Aplikasinya Dalam Kajian Studi
Keislaman,” El-Wasathiya: Jurnal Studi Agama 5, no. 1 (2017): 57–70.

Danial: Polygamy in Perspective of …….| 59

shows that polygamy gives birth to benefits in building a family and society,
then it is considered functional and beneficial for the family concerned and also
society for a wider scope. Conversely, if polygamy creates damage and
disharmony in a family and society, then polygamy must be prohibited.
The purpose of marriage is to build a family that is sakinah, mawaddah
and rahmah.30 This goal will be realized if family functions can be carried out
effectively. Scholars and scholars have formulated that the family has
theological, social, psychological, protective, educational and economic
functions.31 In order for all functions to be carried out properly in the life of a
family, all things that disturb and damage and hinder the functioning of the
things above must be avoided and anticipated. Both at the time of the
commencement of a marriage until afterwards.32
To arrive at a conclusion about which interpretation or understanding is
more functional cannot be based solely on the logical abstraction of the human
mind or the interpreter. Rather it requires empirical data as an objective basis for
an understanding. If empirical data shows that polygamy causes more harm,
then it must be banned. On the other hand, if it creates benefit, then it is
permissible. It is also possible to take a third alternative, permissible under strict
conditions to prevent dysfunctional from the intended polygamous behavior.
An important key to Betti's hermeneutic model is objectification, seeing which
one is closest to objective conditions, both at the level of a polygamous family
and society.
B. Martin Heidegger
Heidegger's hermeneutics aims to understand the understanding of
scholars or interpreters of this verse. The Heidegger school explores what is
hidden behind the text or looks for what the text does not say. According to
him, interpretation is an attempt to dialogue with what appears in the text. 33 The
dialogue process is carried out by asking questions. Therefore, the interpretation
process takes place on an understanding that includes pre-owned knowledge
(vorhabe), pre-vision (vorsivht), and the possibility of interpretive understanding
(vorgriff). The essence of Heidegger's hermeneutics in relation to the
interpretation of the Alquran is to reveal the unspeakable meaning of the text.
In expressing the hidden meaning, all interpreters cannot escape from pre30 Abd al-Rahman Al-Jazairy, Al-Fiqh ’alla Al-Mazahib Al-Arba’ah (Beirut: Dar al-Kutub
al-‘Ilmiyyah, 2006).
31 Asman Asman, “Pernikahan Di Bawah Umur Akibat Hamil Di Luar Nikah Dan
Dampak Psikologis Pada Anak Di Desa Makrampai Kalimantan Barat,” Al-Istinbath : Jurnal
Hukum Islam 4, no. 1 (2019): 79, https://doi.org/10.29240/jhi.v4i1.784.
32 Suud Sarim Karimullah, “Poligami Perspektif Fikih Dan Hukum Keluarga Negara
Muslim,” MADDIKA: Journal of Islamic Family Law 2, no. 1 (2021): 7–20.
33 Horrigan-Kelly, Millar, and Dowling, “Understanding the Key Tenets of Heidegger’s
Philosophy for Interpretive Phenomenological Research.”

60 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

understanding, namely the provisions and assumptions that have been
previously owned. In other words, Heidegger's hermeneutics aims to understand
the hidden meaning behind a text based on the pre-understanding of the
interpreter.34
The commentators broadly divided into 2 versions in interpreting this
verse. First, it concludes that the verse above allows polygamy on condition that
it is able to treat wives fairly.35 The verse must be understood in this way,
because the text of the verse speaks explicitly about the permissibility of
marrying more than one wife, accompanied by the condition of being fair.
Second, those who conclude that the verse above adheres to the principle of
monogamy; a man can only marry one woman. The reason put forward is the
context of the revelation of the verse which relates to criticism of the
polygamous behavior of the Arabs which gave rise to oppression and
arbitrariness against not only wives, but also orphans who were left to die by
their fathers. The following will examine the two opinions of the scholars by
trying to understand the two versions of the results of the understanding of the
scholars above.
Scholars who understand that the basic law of polygamy according to
this verse is permissible on condition that they can act fairly base their
understanding on the explicit explanation of the verse (dhahir). This verse
explicitly expresses the permissibility of polygamy as seen in the words mathnā
(two), wa thulathā (and three), wa rubā' (four). This word was previously
accompanied by the command word (fi'il amar) fankihū (then marry). In Arabic
rules, the original law of an order is obligatory, but because there is an
explanation at the end of this verse about the necessity of being fair (in khiftum
an lā ta'dilū fawāhidatan) and a warning that marrying just one is closer to not
doing wrong, the law changes. be mubah or may. This opinion is represented by
4 schools of thought, namely Hanafi, Maliki, Shafi'i, and Hambali.
While the scholars who argue that the verse above adheres to the
principle of monogamy in marriage base their understanding on the history of
the revelation of the verse in question and the vision of Islamic law to realize
the benefit of humanity in the world and the hereafter.36 The vision of this verse
can be understood in a way; first, understanding the spirit contained in the
entire text of the Alquran, especially the verses that talk about marriage. Second,
understand the context. The spirit contained in the entire text of the Alquran is
34 Muhammad Arif, “Hermeneutika Heidegger Dan Relevansinya Terhadap Kajian AlQur’an,” Jurnal Studi Ilmu-Ilmu Al-Qur’an Dan Hadis 16, no. 1 (2017): 85,
https://doi.org/10.14421/qh.2015.1601-05.
35 Sayid Muhammad Husain Thabathaba’i, Tafsir Al-Mizan, ed. Ilyas Hasan, 1st ed.
(Jakarta: Lentera, 2010).
36 Husein Muhammad, “Memilih Monogami,” in Faqihuddim Andul Qadir (Yogyakarta:
Pustaka Pesantren, 2005), 22–23.

Danial: Polygamy in Perspective of …….| 61

maslahah. This means that maslahah is the vision of all the teachings of the
Alquran. In realizing this vision, the scholars formulated 7 Islamic shari'ah
missions, namely preserving religion, soul, mind, lineage, wealth, honor, and the
environment. Any interpretation of the Alquran that contradicts this vision and
mission is seen as not originating from Islamic law.
To Q.S. An-Nisa: 3 above, we can find that the vision of marriage,
among other things, is to create harmony or happiness. Humans will be happy if
all their needs, both physical and spiritual, are met. This condition will be
realized if we understand the functions and existential needs of humans.
Heidegger calls it existential analysis. In this regard, Q. S. Al-Hujurat: 13
introduces:
ُ ٰ ْ َ ‫ٰٰٓ َ ُّ َ ا ُ ا َ َ ْ ٰ ُ ْ ْ َ َ ا ُ ْ ٰ َ َ َ ْ ٰ ُ ْ ُ ُ ْ ا َ َ ۤ َ َ َ َ ُ ْ ا َ ْ َ َ ُ ْ ْ َ ه‬
َ ‫ىك ْم ۗا ان ه‬
‫ّٰللا َع ِل ْيم‬
‫ّٰللا اتق‬
ِ
ِ ‫يايها الناس ِانا خلقنكم ِمن ذك ٍر وانثى وجعلنكم شعوبا وقبا ِٕىل ِلتعارفوا ۚ ِان اكرمكم ِعند‬
َ
37‫خ ِب ْير‬
O mankind, We have indeed created you from a male and a female and made you
nations and tribes so that you may know each other. Indeed, the most honorable among you in
the sight of Allah is the most pious among you. Verily, Allah is All-Knowing, All-Knowing.
The verse above explains that existentially humans are 3 (three)
dimensional beings.38 First, humans are biological beings (min zakarin wa unthā).
As a biological creature, he needs biological needs which include clothing, food,
housing, health, sexuality, and others. Second, humans are sociological creatures
(syu'ūbān wa qabā'ilā). Therefore, he needs to fulfill social needs or interact with
other people in the public area. Third, humans are theological creatures (inna
akramakum 'inda Allāh atqākum). Thus, he needs to fulfill spiritual and mental
needs which include education, opportunities to worship, and self-actualization
as religious beings.
In the context of marriage, this need is referred to as mawaddah (physicalmaterial) wa rahmah (mental-spiritual). This is explained in Q. S. Ar-Rum: 21:
َ ٰٓ ُ َ
َ ُ َْ
ُ
َُ ََ َ ٰ
‫ا‬
َٰ ٰ
‫َو ِم ْن ا ٰي ِته ا ْن خل َق لك ْم ِم ْن ان ُف ِسك ْم ا ْز َواجا ِلت ْسك ُن ْوا ِال ْي َها َو َج َع َل َب ْي َنك ْم ام َو ادً او َر ِْ َمة ِۗا ان ِف ْي ذ ِل َك َّل ٰي ٍت ِل َق ْو ٍم اي َت َفك ُر ْون‬

39 َ

And among the signs of His power is that He created for you wives of your own kind,
so that you are inclined and feel at ease to him, and made Him between you mawaddah and
mercy. Indeed, in that there are signs for people who think.
If the explanation of the two verses above is related to Q. S. An-Nisa: 3,
then in practice since before the arrival of Muhammad SAW until now
polygamy is seen as one of the factors that can interfere with efforts to fulfill all
37 QS: al-Hujurat 49/13.

38 Danial, Filsafat Ilmu, 1st ed. (Yogyakarta: Kaukuba, 2014).
39 QS: al-Rum 30/21.

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of these needs. Especially, when this verse includes the conditions for justice for
orphans and wives as well. The determination of this condition and how
difficult it is to realize it is confirmed by the last paragraph of this verse zālika
anlā ta'ūlū (which is closer to not doing wrong). Even Q. S. An-Nisa: 129
emphasizes that husbands can never be fair to their wives if there is more than
one. Here's the assertion:
ُ ْ َ َ ‫َ َ ْ َ ْ َ ْ ُ ْٰٓ َ ْ َ ْ ُ ْ َ ْ َ َ ۤ َ َ ْ َ َ ْ ُ َ َ َ ُ ُ ْ َ َ َ َ ْ َ َ ْ ُ َ ا‬
َ ‫صل ُح ْوا َو َت ات ُق ْوا َفا ان ه‬
‫ّٰللا‬
‫النسا ِء ولو ِر‬
ِ
ِ ْ ‫صت ْم فَل ت ِم ْيل ْوا ك ال اْل ْي ِل فتذ ُروها كاْلعلق ِة ۗوِان ت‬
ِ ‫ولن تست ِطيعوا ان تع ِدلوا بين‬
40 ْ ‫َ َ َ ُ ْ ا‬
‫كان غفورا ر ِِيما‬
And you will never be able to act fairly between (your) wives, even though you really
want to do so, so don't be too inclined (to the one you love), so you leave the others hanging.
and if you carry out repairs and protect yourself (from cheating), then verily Allah is Forgiving,
Most Merciful.
The word lan tastatī'ū grammatically means never being able to act fairly.
Then, it is emphasized again with the word law which means it is impossible to
be fair even though you really want to do so.41
Thus, the hidden meaning that Q. S. An-Nisa: 3 above wants to convey
is that the verse adheres to the principle of monogamy. Because, only in the
form of monogamous marriage, all needs and happiness can be realized more
fairly. The question is, why does the Alquran use fi'il amar (command word) for
marriage 2, 3, and 4. Doesn't the Qawaid Fiqhiyyah say: Al-ashlu fi al-amr li al-wujūb
(origin of the mandatory order) or at least the rule of Al-ashlu fi al-amr li al-wujūb
illa dālat al-dalīlu ilā ghairih (origin of mandatory orders being carried out unless
there is evidence indicating something other than mandatory). Because there is a
requirement to be able to act fairly, polygamy is not mandatory. If so, does it
mean circumcision, so that anyone who does polygamy will receive a reward,
and if he does not practice polygamy, he will not sin? The answer is that not all
of these commands point to obligatory circumcision, in fact, some orders point
to makruh or even haram.42 As an example, let's look at the verses and hadith
below:
ٰ‫ٰٓ َ َ ا‬
َ َ َ
ْ ُ
ْ َ ٰٓ َ
َ
ُ
ْ ْ َ ٰٓ َ
ُ
‫َوق ِل ٱل َح ُّق ِمن ارِبك ْم ۖ ف َمن شا َء فل ُي ْؤ ِمن َو َمن شا َء فل َيك ُف ْر ۚ ِإ انا أ ْع َت ْدنا ِللظ ِل ِم َين نارا أ َِاط ِب ِه ْم ُس َر ِادق َها ۚ َو ِإن‬
ْ َ ْ ُ ْ َ ٰٓ َ ۟ ُ َ ُ ۟ ُ َ ْ َ
43 َ َ ْ ُ ْ َ ٰٓ َ َ ُ َ ‫ا‬
َ ُ ُْ
َ ‫وه ۚ ب ْئ‬
‫س ٱلشراب وساءت مرتفقا‬
ِ ‫يست ِغيثوا يغاثوا ِبما ٍء كٱْله ِل يش ِوى ٱلوج‬
And Say: "The truth comes from your Lord; So whoever wants (believes) let him
believe, and whoever wants (disbelieves) let him disbelieve." Verily, We have prepared for the
wrongdoers a hell whose turmoil surrounds them. and if they ask for a drink, surely they will
40 QS: al-Nisa 3/129.
41 Muhammad Sayyid Tantawi, Al-Tafsir Al-Wasit Li Al-Qur‟an Al-Karim (Cairo: Dar al-

Sa’adah, 2001).
42 ’Abd al-Karim Zaidan, Al-Wajiz Fi Usul Al-Fiqh (Cairo: Mu’assasah al-Risalah, 2001).
43 QS al-Kahfi 18/29.

Danial: Polygamy in Perspective of …….| 63

be given water to drink with water like boiling iron that scorches their faces. It's the worst
drink and the worst place to rest.
This verse uses lam amr which carries the intention of commanding,44
namely So whoever wants (believes) let him believe, and whoever wants
(disbelieves) let him disbelieve". but conceptually this verse should not be
interpreted as an option, because it threatens painful retribution for those who
commit injustice.
Faf'alū mā syiktum fainnakum mayyitūn (do what you like, then, in fact, you
will become a corpse/ die). Even though this hadith uses the word command, it
means a prohibition which refers to haram. Because every Muslim is obliged to
do what Allah and Rasulullah SAW like, not what we like. In fact, according to
some hadith scholars, this means the Prophet's warning to people who have
repeatedly made mistakes after being warned.45
So, the hidden meaning and spirit that Allah wants to reveal in verse Q.
S. An-Nisa: 3 is a sharp criticism of the phenomenon of polygamy around which
this verse descends while at the same time offering the principle adhered to by
Islam in marriage, namely monogamy. This conclusion is supported by the
views of interpretation scholars and historical evidence. As-Samarqandy for
example says:
People at that time married as many women as they liked, then this verse
was revealed. The point of the verse is that if you are afraid that you will not be
able to do justice to orphans, you should also be afraid that you will not be able
to do justice to your wives if you are polygamous. Even though both have the
potential for acts of arbitrariness and injustice. It is this fear of arbitrariness and
injustice that this verse criticizes.
The same thing was also stated by Imam Baidhawy by saying that this
verse came down to warn of the arbitrariness of Arab society toward
polygamous behavior. Furthermore, Zamakhsyari links vigilance against
monogamy with the management of orphans from the possibility of unfair
behavior. Even more firmly, according to him, this verse commands him to
marry only one woman. Because only with this one can avoid acts of injustice
and mistreatment of partners.46
The two views of the scholars above depart from and are influenced by
pre-understanding, before they interpret verses that talk about this theme. The
first view at least departs from pre-understanding; first, we may not interpret the
verse out of the text that is mentioned explicitly, but only based on what is
externally revealed by the verse above. Second, the husband has the right to marry
44 ’Abd al-Karim Zaidan, Al-Wajiz Fi Usul Al-Fiqh.
45 Muhammad, “Memilih Monogami.”

46 Karimullah, “Poligami Perspektif Fikih Dan Hukum Keluarga Negara Muslim.”

64 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

more than one because it was justified by Rasulullah SAW, through his practice
of polygamy. Third, this interpretation still has a very strong patriarchal cultural
bias at the time this verse was revealed. While the second understanding has a
pre-understanding that; First, we may interpret verses and hadiths outside of
their textual meaning, because what Allah SWT aims for is not the mere
outward meaning, but the benefit of a marriage in creating a happy and
prosperous life (both physically and mentally). According to this opinion,
polygamy is an act that can threaten the intended happiness and well-being.
Second, the focus of the conversation in the verse above is caring for orphans.
The Prophet married more than one wife motivated by the desire to support
orphans who had been abandoned by their fathers. So it can be seen that apart
from 'Aisyah, his wives are widows who have been abandoned by their
husbands, not virgin women. In contrast to the practice of polygamy which was
carried out by his followers at a later date. Third, the fact shows that polygamy
can threaten the harmony of a family in achieving happiness and prosperity in
life which is the true goal of a marriage. In short, polygamy is factually more
likely to cause harm than good.47
Based on that, it can be understood that the focus of discussion in verse
3 of Surah an-Nisa is not about polygamy, but about justice for both orphans
and polygamous wives. Therefore, the verse invites us to be consistent with the
choice of monogamy and leave polygamy.48 This spirit of justice is read from Q.
S. An-Nisa verses 1-4. The themes raised by these four verses, as we can read
together, are about piety to Allah, harmonious family relations, concern for
orphans, the morality of justice in marriage, and the principle of willingness
when you want to take advantage of a woman's property. This is the hidden
meaning revealed by the verse which is the focus of our study above.
C. Hans Georg Gadamer
According to Gadamer, understanding the text requires participation in
the flow of tradition which combines the past and the present. 49 The aim is to
explain in what way the text speaks to current conditions. Understanding always
includes application to the current situation. Like Heidegger, he also views that
the interpretation of a text including the Alquran cannot be separated from the
interpreter's understanding. With this method, Gadamer offers the possibility of
finding common ground between the past and the present. This same basis, in

47 Ahmad Fauzi, “Pemikiran Ibn Hazm Tentang Keberadaan Wali Nikah Dalam
Perkawinan Janda,” AL-IHKAM: Jurnal Hukum & Pranata Sosial 8, no. 2 (2014): 300–333,
https://doi.org/10.19105/al-lhkam.v8i2.352.
48 Thabathaba’i, Tafsir Al-Mizan.
49 Hasanah, “Hermeneutik Ontologis-Dialektis Hans-Georg Gadamer (Produksi
Makna Wayang Sebagai Metode Dakwah Sunan Kalijogo).”

Danial: Polygamy in Perspective of …….| 65

the terminology of ushul fiqh is called 'illat law (logical ratio).50 To understand
the past, we need a historical approach to see how the context of this verse
came down. Meanwhile, exploring contemporary meanings necessitates a study
of the language used in the Alquran as well as a reading of contemporary
realities. Based on this argument, Gadamer's hermeneutics is applied to
understand the interpretation of the scholars regarding the verse above.
Historically, this verse was revealed in the context when Rasulullah SAW
was sent,51 the Quraysh were still practicing their previous traditions, namely,
polygamy. The Prophet only ordered or forbade an action, without mentioning
the polygamous tradition that had taken place in Arabia. Once they asked the
Apostle about how to treat orphans. Previously they had also asked about how
to treat their wives. So this verse came down which confirms that their
treatment of wives is no different from that of orphans, both of them are
ordered to act fairly. To realize this justice, the apostle limited polygamy to only
4 wives. Thus, this verse is not an order for polygamy, but a prohibition against
marrying more than 4 wives. When commenting on this verse, Ibn Abbas
emphasized that just as you are afraid that you cannot be fair to orphans, then if you marry more than one - you must also be afraid if you cannot do justice to
your wives. According to al-Tabari, this verse cannot be understood as
legitimacy regarding the permissibility of polygamy. However, it must be
understood as a prohibition against the unfair treatment of orphans and wives.
If this verse is linked to the previous verse (Q. S. an-Nisā: 2), and after (an-Nisā:
6), or with other verses that talk about the theme of orphans (Q.S. al-Kahf: 82,
and al-An'am: 152) further reinforces that the main theme of Q. S. an-Nisa: 3
above is about orphans who have lost their fathers, while their mothers are still
alive. What about children who have lost both parents or their mother? With the
death of his parents, the theme of polygamy fell. Likewise with the death of a
mother, while the husband is still alive. If the husband remarries another
woman, then the second wife or the marriage is not included in the category of
polygamy, as explained in several verses above. Q. S. Nisā: 3 talks about orphans
who have lost their fathers. Through this verse, Allah SWT commands us to do
good and justice to them and to take care of their property, by giving back their
property when they grow up. How to implement this? Is it by taking these
orphans from their mothers' care to our homes and educating them by
separating them from their biological mothers? Or leave them at home alone
and fully entrust the necessities of life to be handled by themselves? The latter
thing may happen, but there is another fact that we cannot carry out God's
commands properly. In this context, namely the concern that justice will not be
50 Abu al-Abbas Syihab al-Din Ahmad Ibn Idris Al-Qarafi, Syarh Tanqih Al-Fusul Fi

Ithtisar Al-Mahsul Fi Al-Usul (Beirut: Dar al-Fikr, 2004).
51 Sa’adah, Fitria, and Widiastuti, “Poligami Dalam Lintas Budaya Dan Agama: MetaInterpretation Approach Nurus Sa’adah.”

66 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

realized for orphans by God's commandments in the verse above, the verse
above allows polygamy through marriage to their widowed mothers. This was
also practiced by Rasulullah SAW by marrying more than one wife. Apart from
Aisha, the wives of Rasulullah SAW were widows who were left behind by their
husbands, both those who died in battles to defend Islam or because of other
causes. The spirit is not a desire to be polygamous, but rather to support
orphans who have been left to die by their fathers who are husbands of these
widows.52
The description above indicates that polygamy is carried out with 2
conditions; (1) the 2nd, 3rd, and 4th wives are widows who have orphans, (2)
there must be a feeling of worry that they cannot do good and justice to
orphans except by marrying their mothers.
In the present reality, we see that the background of the phenomenon of
polygamy is the desire to have multiple wives, even in certain contexts with
sexual orientation. Not the desire to sympathize with orphans. Several research
results reinforce this view. Most husbands who are polygamous choose a second
wife and so on with the following criteria; (1) virgin; (2) younger than the
previous wife; (3) not having orphans; and (4) more beautiful than the previous
wife. There are even some cases where a husband has more than four wives.
The problem is the impact arising from polygamy, both psychologically,
economically, physically, and so on. The consequences will be even worse,
because most of the cases of polygamy are carried out under the hands or not
recorded at the Office of Religious Affairs. This phenomenon does not only
result in violations of the rights of the wife, but also of the rights of the child.
For example, a child's right to a birth certificate is a condition for entering
school or becoming a civil servant. Children cannot get all of this because their
parents do not have a marriage book as one of the requirements for obtaining a
birth certificate. Thus, the impact of this kind of polygamy can destroy the
future of a society and even a nation.
Q. S. An-nisā: 129 emphasizes that "you cannot be fair to your wives, even
though you want it. So don't tend to be excessive (to one of your wives) so that (the other wife)
you leave and drift away".
This verse warns emphatically that the psychological aspect, namely the
inclination of the heart and affection often results in the treatment and abuse of
the wife. This verse is criticizing the practice of polygamy which creates
injustice. Similar criticisms are expressed in Q. S. An-Nisā: 3, but in this last
verse the cause of this injustice has not been explained. Verse 129 emphasizes
that injustice is often caused by psychological aspects that everyone has
difficulty controlling.
52 Abu Ja’far Muhammad bin Jarir Al-Thabari, Jami’ Al-Bayan ’an Ta’wil Al-Quran
(Beirut: Dar al-Fikr, 2005).

Danial: Polygamy in Perspective of …….| 67

If so, then the Alquran is more in favor of monogamous marriage than
polygamy. Because monogamy brings a person closer to not being tyrannical
(zālika adnā allā ta'ūlū). In addition, monogamous marriages are also
strengthened by Q. S. An-Nur: 32 thus:
"(O saints) marry (your daughters) to those who do not have a partner."
Literally this verse encourages someone to marry someone who does
not have a partner. At this point, it can be concluded that the Qur'an advocates
monogamy, not polygamy.53
If all of the above explanations are examined in the perspective of
Gadamer's hermeneutics, then there is one legal ratio of polygamy discussed in
paragraph 3 of an-Nisa' letter, namely sponsorship for orphans. At the time
when this verse was passed, the state system and social institutions were not as
sophisticated and complete as they are now, especially for orphans and a budget
allocation system for those in need. Thus, the sponsorship for orphans was
initiated by the Prophet himself which was then followed by his companions.
Meanwhile, in the current era where the government system, socio-economic
conditions, and social institutions are complete and diverse, the legal ratio for
polygamy is no longer valid. This is in accordance with the rules of fiqhiyah
which affirms: Al-hukmu yadūru ma'a 'illatifti wujūdan wa'adaman (Law exists
because there is a cause, if the cause does not exist then the law does not exist).
Because there are many alternatives for sponsoring orphans, polygamy is no
longer necessary.
D. Paul Ricoeur
The task of hermeneutics is to compare the different uses of multiple
meanings and the various functions of interpretation across different disciplines.
This means that symbols or texts must always be given new meanings and
interpretations.54 To explore new interpretations, interpretation activities must
be carried out at two levels which Paul Riouer called the first intentionality and
the second intentionality. The first is to understand the literal meaning of a text,
while the second is to explore the deepest meaning that is not mentioned in the
text. Stagnation occurs when the interpreter only stops at the first intentionality,
on the outward meaning of the text/on the grammatical-linguistic approach.
The question is, how many verses of Q.S. An-Nisa: 3 talk about the
permissibility of polygamy? And is it true that Islam legalizes polygamy? There
are at least 2 opinions of scholars in responding to this question.

53 ’Abd al-Karim Zaidan, Al-Wajiz Fi Usul Al-Fiqh.

54 B.S., “Hermeneutika Sebagai Sistem Interpretasi Paul Ricoeur dalam Memahami
Teks-Teks Seni.”

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First, a group that understands that any number of marriages is
permissible in Islam. The argument is; (1) the sentence an-nisā (women) in the
verse shows the understanding that a large number is unlimited. (2) the
sentences mathnā (two-two), thulathā' (three-three), and rubā' (four-four) in these
verses are not worthy of being used as a reason to quantify (limit) the number of
women who may be married to from the word an-nisā' (female) which includes
the word ‘ām (showing common numbers). Because by only specifying a part
mentioning 2, 3, and 4), it doesn't mean that the other partial laws (numbers
greater than 4) are no longer valid. (3) the letter waw in the verse above shows
the addition so that you can marry up to nine (2 + 3 + 4) or even eighteen (2 +
2 + 3 + 3 + 4 + 4). (4) This reason is reinforced by the hadith which
recommends always following what the Prophet SAW did. Even though the
Prophet married more than 4. Thus, marrying more than 4 is a sunnah
recommended by the Prophet himself.55
This second opinion limits the permissibility of marrying only four
women. They base their argument on the story of a friend named Ghailān.
Before embracing Islam he had 10 wives. Then after converting to Islam,
Rasulullah SAW ordered to divorce 6 of his wives, and only 4 was left. The
apostle said, "take only four, and separate the others."56
The two opinions above have the same understanding and conclusion,
namely that the verse above allows polygamy. Even though they continue with
the frills as long as they fulfill the conditions set out in the Alquran, namely
being able to act fairly.
It is the two opinions above that have influenced and colored the
interpretation of the legal verse on polygamy. The popular view is that the verse
refers to the permissibility of polygamy. Now it is added to the demographic
argument that this ability is supported by the fact that the number of women is
greater than that of men. Then, how is the interpretation of this verse in Paul
Ricoeur's school of hermeneutics?
Polygamy has been known and practiced by pre-Islamic human society.
In the old agreement, it is told that Prophet Sulaiman a.s. had 700 royal wives
and 300 concubines (Old Testament, Kings I-11-4).57 Polygamy was widespread
not only among the ignorant Arab community but also among the Hebrew and
Sicilian peoples. This region later gave birth to most of the peoples of Russia,
Lithuania, Poland, Germany, Switzerland, Belgium, the Netherlands,
55 Abu Fadal Sihāb al-Din al-Sayyid Mahmud Affandi al-Alūsi Al-Bagdadi, Rūh AlMā’ani Fi Syarh Al-Qur’ān Al-‘Azim Wa Sab’i Al-Masāni, 2nd ed. (Beirut: Dar al-Fikr, 2003).
56 Malik ibn Anas, Al-Muwatta’ (Beirut: Dar al-Fikr, 1989); Abi ‘Abdillah Muhammad
Ibn Ahmad al-Ansari Al-Qurtubi, Al-Jami’ Li Ahkam Al-Qur’an (Beirut: Dar al-Fikr, 2005).
57 Sa’adah, Fitria, and Widiastuti, “Poligami Dalam Lintas Budaya Dan Agama: MetaInterpretation Approach Nurus Sa’adah.”

Danial: Polygamy in Perspective of …….| 69

Czechoslovakia, England, Denmark, Yugoslavia, Sweden, and Norway. The
Church in Europe also recognized polygamy until the end of the XVII
century/beginning of the XVIII century AD. For example, Charlemagne had
more than one wife. There are many other cases that can be described at length.
However, it is here to show that polygamy is widely known and practiced by
human society.58
Then, how does Islam view this case of polygamy? Some scholars or
Muslims view that Islam also recognizes and even encourages polygamy. We can
use 3 patterns of fiqh reasoning to understand the verse of Q. S. An-Nisa': 3,
namely bayāni and ta'lili reasoning patterns.
First, it is necessary to examine the grammatical or semantic aspects of
this verse. Several keywords need to be underlined from the verse above,
namely the words in (if) khiftum (you are afraid) and mā tāba lakum min an-nisā'
(then marry women you like). In the Alquran 3 words mean if in English,
namely in, izā, and law. All three have different meanings, as the example will
show below:
"O you who believe, when (izā) you are going to pray, then wash your faces and your
hands up to the elbows..."59
If you use the word izā (if), then the word/sentence after this word must
occur. The verse above confirms that if you want to pray, then purification is
obligatory and certain. Thus, performing ablution' (washing the face and hands
up to the elbows...) is obligatory, izā (if) you want to pray.
While in (if) indicates that words/sentences that are explained after in
can occur. And the possibility is according to the scholars 50-50. Q. S. An-Nisa:
3 which talks about the necessity of treating orphans fairly (in khiftum anlā tuqsitū
fi al-yatāmā) and wives (in khiftum anlā ta'dilū) illustrates that fathers (who have
more than one orphan) and Husbands who have more than one wife have a
50% chance of being fair and a 50% chance of being unjust to them. Because
the opportunity for harm (to do wrong) is so great, the act of having more than
one wife must be avoided. Even though there is a 50% chance to do justice.
Because there is a rule that says:
"Rejecting harm or damage must take precedence over taking advantage or benefit"
The human inability to act fairly with wives is strengthened by Q.S. anNisa: 129:
And you will by no means be able to do justice between your wives, even though you
so desire to do so, therefore do not be so inclined that you leave the others adrift. And if you
make corrections and are pious, then surely Allah is Most Forgiving, Most Merciful."
58 Alamgir, “Islam and Polygamy: A Case Study in Malaysia.”
59 Q. S. Al-Ma’idah: 6.

70 | Al-Istinbath: Jurnal Hukum Islam, Vol. 8, No. 1, May 2023

Let's Look at the sentence used in the Alquran mā tāba lakum min an-nisā
(then marry the women you like), even though it relates to a widow who has
orphans who have lost their family's support, so that she is very forced to accept
every proposal that came to him. We can perceive that Allah SWT uses words
that are very subtle and full of feeling when referring to a widow as a form of
respect for her and guarding her feelings as well as a form of respect for marital
issues. In fact, in such a state of compulsion, Allah may say fankihū māsyi'tum min
an-nisā'i (so marry the women you want). Here it is very clear the difference
between the words tāba and syā'a.60
Second, it is necessary to look at the context in which this verse was
revealed. There are several versions about the context in which this verse was
revealed. The first version, the history of 'Aisyah who said that this verse was
revealed to explain the existence of orphans who were abandoned because their
father died on the battlefield. They need to be watched, protected, and
empowered. Unfortunately, the ignorant people took advantage of this
opportunity to exploit the wealth of the orphans. The method is very simple and
easy, simply by marrying him with a substandard dowry.61
The second version, when Rasulullah SAW was sent, the Quraysh were
still practicing their previous traditions, namely, polygamy. The Prophet only
ordered or forbade an action, without mentioning the polygamous tradition that
had taken place among the Arabs at that time. When commenting on this verse,
Ibn Abbas emphasized that just as you are afraid that you cannot be fair to
orphans, then - if you marry more than one - you must also be afraid if you
cannot do justice to your wives.62 According to al-Tabari, this verse cannot be
understood as a legitimacy regarding the permissibility of polygamy. However, it
must be understood as a prohibition against unfair treatment of orphans and
wives. In fact, if this verse is linked to the verse before (Q. S. an-Nisā': 2), and
after (an- Nisā': 6), or with other verses that talk about the theme of orphans
(Q.S. al-Kahf: 82, and al-An'am: 152) further reinforces that the main theme of
Q. S. an-Nisa': 3 above is about orphans who have lost their fathers, while their
mothers are still alive. Through this verse, Allah SWT commands us to do good
and justice to them and to take care of their property, by giving back their
property when they grow up.63
From the explanation above, it can be understood that the third verse of
surah al-Nisa which is usually used as an argument or at least used as an
argument for marrying more than one woman turns out to be interpreted
60 Muhammad Syahrur, Nahw Usūl Al-Jadīdah Li Al-Fiqh Al-Islāmi, ed. Syamsuddin dan
Burhanuddin, 1st ed. (Yogyakarta: elSaq Press, 2004).
61 Abdurrahmān Jalāl al-Dīn Al-Suyutī, Al-Dur Al-Manthūr Fi Al-Tafsīr Al-Ma’thūr
(Beirut: Dar al-Fikr, 1983).
62 Jalaluddin al-Mahalli dan Jalaluddin as-Suyuthi, Tafsir Al-Jalalain (Beirut: Dar al-Fikr, 2005).
63 Al-Thabari, Jami’ Al-Bayan ’an Ta’wil Al-Quran.

Danial: Polygamy in Perspective of …….| 71

through the hermeneutical theory initiated by Emelio Betti, Martin Heidegger,
Hans Georg Gadamer, and Paul Ricoeur emphasizes having one wife or
monogamy.
Conclusion
Based on the description above, at least 2 conclusions can be drawn;
First, hermeneutics is the science or method of interpreting verses or texts.
Second, Emilio Betti's hermeneutical theory is that the interpretation of verses or
texts is applicable or can be applied in our present era, here and now.
Meanwhile, Martin Heidegger is the interpretation of verses or texts by
exploring what is hidden behind the text or looking for what the text does not
say. Then Hans George Gadamer Interpretation of verses or texts with the
participation of currents of tradition that combines the past and the present.
Meanwhile, Paul Ricœur interprets verses or texts by comparing the different
uses of multiple meanings and the various functions of interpretation through
different disciplines. The third, verse 3 of surah al-Nisa is not a verse that
legalizes polygamy in Islam this verse emphasizes monogamy. From these
conclusions, the authors would like to formulate 2 recommendations; First, it is
better to reinterpret the verses of the Alquran using the hermeneutical method.
Second, Muslims need to make verse 3 of surah al-Nisa as the argument for
monogamy, not polygamy.
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