UK Sharia judge calls for legal recognition of polygamous marriages
Dangerous liaisons
The Guardian
Is there really any place for polygamy in English law, as a leading Muslim figure recently argued?
The bodies of the Knights Templar were surely spinning under their effigies last night, as someone they would have regarded as an infidel delivered a lecture within the walls of Temple Church entitled "Family Law, Minorities and legal Pluralism: Should English Law give more Recognition to Islamic Law?".
The lecture focused on Islamic marriages and divorces in this country, with Sheikh Faiz ul-Aqtab Siddiqi (of the Muslim Arbitration Tribunal) speaking candidly on many areas. One such topic was that of polygamy, and the refusal of English law to recognise such relationships. Siddiqi boldly stated:
In a jurisdiction where rights are afforded to a mistress, or many mistresses, and where there are same-sex marriages … polygamous marriages should not be such an alien concept.
Siddiqi is a practising barrister, and has been involved with the process of reforming English law to accommodate Muslim cultural practices, especially within the area of family law. As a religious leader, he is at the conservative end of the spectrum. However, he is a well-respected member of a number of unifying Muslim organisations and is at the forefront of attempts to find common ground between sharia law and English law.
Later, after a question from the floor, he clarified his position as being one of confusion as to why relationships such as extra-marital affairs should be recognised under English law, and furthermore how men could be permitted to marry other men, and women other women. He argued that if such relationships were not considered abhorrent, then current attitudes towards polygamy could not, and should not, be justified.
The main problem with using this argument in favour of recognition of polygamous marriages both inside and outside this country is that of proof as to whether these marriages have been entered into willingly and freely by the women involved. No one forces a person to have an extra-marital affair, or to enter into a civil partnership, but there is widespread evidence of the forcing of women into polygamous relationships in many religions and in many parts of the world. To compare consensual relationships with forced ones, whether physical or emotional coercion is used, is completely misguided.
Siddiqi said that polygamous marriages derived from the need to protect women from destitution, or from being "business for ... pimps". He alleged that prior to polygamous marriages female children were buried alive because they were seen as a burden to their parents. He spoke of the widows and divorcees left to starve; impoverished and abandoned. The Prophet Mohammad was said to have allowed polygamous marriages in order to give kind and benevolent men the opportunity to save these poor wretches.
He expressed the view that women are no longer in such a position today, glossing over – or, perhaps, forgetting – about women in places like the Indian subcontinent who are still viewed as being inferior to their male counterparts, with some female children still suffering terrible fates. He spoke of the opportunities and choices that women now have, which is true in the western world, but less so in predominantly Muslim countries where some women are denied education and other basic rights.
The crux of this argument was that polygamous marriages should be permitted in a country where sensitivity is professed for people's rights to individual and cultural needs. He asserted that these marriages would be relatively few in number, due to the advances made by women in society negating the need to "save" them from destitution, and that any entered into would be through the free choice of the woman. This line of reasoning contradicted his earlier remarks about the subjugation of women through their lack of knowledge of their legal rights in England, and the dire consequences for such women upon divorce. Similarly, warning bells rang when he spoke of the need to deal with domestic violence through arbitration tribunals due to women's fear of approaching the police as it would lead to marital breakdown. The idea of encouraging a woman to remain in a violent relationship, and for an arbitration tribunal to "deal" with the situation through encouraging the man to change his behaviour, suggests that we can't be confident polygamous marriages would be freely entered into by Muslim women.
The final position Siddiqi put forward by the for the acceptance of polygamous marriages under English law was that of the time-honoured herd mentality. He pointed to the 1.5billion Muslims living across the world, and asked the audience whether so many people could be deemed "stupid" or "wrong" for believing that polygamy is acceptable. The ability of leaders to influence large numbers of people's thoughts and actions does not necessarily mean that the underlying principles are correct. Far be it for me to equate religion with brainwashing, but we all know the answer when such logic is applied to groups such as the Unification Church, or to people living under regimes such as Stalin's Russia.