The practice of monogamy is according to the "hukum syarak" (Islamic laws), says the Coalition of Women's Rights in Islam.

The coalition which organised the 'Monogamy: o­ne husband, o­ne wife' campaign said monogamy is the ideal state of marriage in Islam and that polygyny is allowed o­nly in very exceptional circumstances.

The group clarified in a press statement yesterday that, it was merely seeking that women who cannot live in a polygynous marriage be given the choice to leave that marriage.

The campaign sought that wives unwilling to accept their husbands' polygyny to be allowed to seek a taklik divorce (due to violation of the conditions in the marriage certificate).

The campaign launched by Acting Premier Abdullah Ahmad Badawi's wife Endon Mahmood in Petaling Jaya o­n Sunday created an uproar among several mufti who claimed that the campaign was not in line with Islam and against Islamic laws.

Abdullah responded by advising the campaign organiser to consult the Department of Islamic Development Malaysia (Jakim) before promoting their idea among Muslims in the country.

Manwhile, Women and Family Development Minister Shahrizat Abdul Jalil also clarified that the campaign did not intend to question the men's right to polygyny but to encourage monogamy which she said would strengthen the family institution.

Quranic verse

However, the coalition backed its statement that monogamy is Islamic with a Quranic verse which states: "If you fear you shall not be able to deal justly (with your wives) then marry o­nly o­ne."

It claimed that an authentic hadith showed that Prophet Muhammad had forbidden his son-in law Ali Abi Talib from marrying another woman.

"We asked that the religious department and the syariah courts establish a procedure to ensure that the practice of polygyny in this country meets the demand of justice in Islam," the coalition said.

It said that the standard taklik agreement (wedding vows) should include the option to give the wife the right to a divorce should her husband take another wife.

It also asks that the syariah court establish clear procedures to strictly enforce the conditions for polygamy and that there must be concrete documentary evidence to ensure that all conditions are met.

No divorce for polygyny

Meanwhile, Perak Mufti Harunsani Zakaria said that polygyny cannot be used as an excuse to seek divorce.

When contacted today, he said the request to allow wives an option to seek " cerai taklik " (taklik divorce) is unIslamic and simply cannot be done.

If such provision is allowed, it would encourage divorce - an act that is abhorred by Allah, he said.

"Polygyny has its positive side. No o­ne can stop man from practising polygyny - legal or otherwise. While there are religions which disallow polygyny, it has been proven time and again that it did not stop the followers from seeking another 'wife' illegally or outside the marriage.

"We have heard men having o­ne wife but had 12 or 13 mistresses. What is protecting the rights of those mistresses and their children?

"Worst, their children would not be recognised (by law) as well. Polygyny provides all four wives equal rights to the man's love, care and monetary maintenance," he said.

He also disputed the hadith that the coalition had cited, stating that Prophet Muhammad had never forbidden his son-in law to marry another but had merely advised the latter from seeking another wife.

Laws

He said that there are already existing laws to regulate polygyny. For example, in Perak, a wife can take action against her husband if he fails to act fairly among his wives.

"In Perak, the husband first must seek the permission from the court to take another wife. This is to ensure that he can deal with his wives justly. But in the event that he does not, the wife can lodge a complaint to the court," he said.

The court would then refer the couple to a marriage counsellor, Harunsani said, adding that if counselling fails, the matter would be brought to court.

"If there is sufficient evidence to find that the husband had been unfair, then the court will make an order for him to do so. If he then fails to comply with the order, the wife can come to court again and the husband would be asked to show cause why he should not be punished.

"And if it is found that he was indeed not carrying full responsibility, he can be fined and even jailed."