Abstract
This article examines whether there is any relationship between the institution of polygynous marriages in Islam and the incidence or spread of the disease. It is suggested that, while polygyny may be a contributing factor, it is not the institution of marriage per se that relates to the disease (although the prospect of greater infection intra marriage must be present in polygynous marriages, if the husband is the infecting party), but the conduct of the parties to the marriage relationship, whatever its nature.The focus and thrust lies with the institution of polygyny in Islam, the South African response to polygyny, the (potential) impact of polygyny on the incidence of AIDS, and the contribution that both an informed approach to HIV and an enlightened approach to the application of Islamic values could or would have on the limitation of the disease's spread.
Highlights
Polygyny2 is generally deemed to be incompatible with Western3 norms of monogamy and equality, and, discriminatory to women
Some eight hundred South Africans die of AIDS on an average day
The fact that it was regarded as offending against public policy, resulted in Muslim marriages historically not being recognised by South African law
Summary
Polygyny is generally deemed to be incompatible with Western norms of monogamy and equality, and, discriminatory to women. Common reasons that are provided today by men in justification of the practice of polygyny, and some of which are supported by legislation in certain countries, customarily include, but are not limited to, infertility or long-term illness of the first wife, and excessive wealth on the part of the husband enabling him to support widowed or divorced mothers.12 This does not preclude women who have never married. It is not common knowledge that the Qur'anic verses limiting polygyny and exhorting monogamy were only revealed after Prophet Muhammad had married all his wives. The Qur'anic verse prohibiting the Prophet from entering into any more marriages must be viewed as normative but unique, in that God made provision for all eventualities, if Muslims are prepared to see it as such. Controlled by making it the exception and subject to judicial regulation (Pakistan), while in others (like Tunisia) it has been prohibited completely
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