Multiple wives often misunderstood, Musli

Originally posted by Omar al Hashim I'm not sure your reading what your writing edgewaters, at least twice in this thread you have strongly disagreed with someone by backing up their arguement. And before you oppose something, you should probably find out what it is. I get the feeling your just venting randonmly. For example, sharia does not allow you to have 14 wives. It doesn't allow you to have 14 girlfriends either, which is perfectly legal in the western system. Actually western culture has always permitted polygamy, it just never legalised it.

Well, it is OK, though as long as the wives have no problems with it...It may come strange to many ears, but as long as the involved people are happy, there are no problems.

Actually no, in several cases still the children may no inherit.

Up to 4 wifes were allowed that time because Muslims were continulally in the defense of their newly-emerged religion for that time... Many wars left many women widow, as their husbands died in the defense of Islam. These widows were poor, very strongly in need of a man who would protect them, who would satisfy their needs... The male/female ratio was so dramatically in favour of females that up to 4 wifes were allowed with strict conditions, I read once.

I have also heard the argument that legal marriage is to ensure that one partenr does not runa away and leaves the other. But I wonder, if a legal document is all that keeps ones partner by ones side, why on earth would one want him/her? What use is a person who only sticks to your side because they cannot leave?

I do not know about other countries, but here, the only real difference marriage makes is in inheritage laws. And you can make sure your girlfriend does inherit by making a will.

Multiple wives often misunderstood, Muslims say

Heh, i'd have trouble trying to understand just one of them.

Originally posted by Aelfgifu I do not know about other countries, but here, the only real difference marriage makes is in inheritage laws. And you can make sure your girlfriend does inherit by making a will.

You can make your dog the beneficiary of your will, too. Marriage goes beyond that and gives a default benefit in the absence of a will, because marriage creates a legal familial status between two people and only family (eg parents, children, etc) have any claim on an estate in the absence of a will.

I'm sure there are tax laws related to marriage in the Netherlands, not to mention family law that deals with property in the event of a breakup. It's not just inheiritance. In a marriage, the partners hold property in common and in the absence of a contract like a pre-nuptial agreement, are assumed to share possession of things like bank accounts, houses, vehicles, and so on. A girlfriend doesn't have a claim on her boyfriend's house when they break up, nor does the boyfriend have any custody or visitation rights regarding any children the pair may have had. And that's just skimming the surface of family law, there's much, much more. So, no, marriage and a simple romantic relationship are much further apart in law than simply inheiritance. Marriage defines an actual economic unit not unlike a business such as a company or corporation in law, but a boyfriend and girlfriend are simply individuals with no particular economic relationship unless they enter into one, such as a business partnership or contract. Even if they live together they are no different than roommates in law.

So, there's alot more to it than simple inheiritance and it is a totally unique legal institution; there's nothing else that can make two unrelated persons family, no other kind of partnership in law where all property is held in common or where two people are treated as a unit for taxes. Even contract law and business partnerships do not go as far. Socially speaking some people may consider it little different than a romantic fling, but in law, marriage is far from a simple inheiritance contract.

Edited by edgewaters - 25-Jun-2007 at 07:26

Originally posted by Omar al Hashim I Actually western culture has always permitted polygamy, it just never legalised it.

Incorrect. For example, in Sweden it was illegal until (together with all non-marital sex) 1937, and the punishment was usually hard.


Edited by Styrbiorn - 25-Jun-2007 at 09:10

Originally posted by edgewaters Originally posted by Aelfgifu Who the house belongs to depends on whose name it is. If an unmarried couple buy a house with both their names on the contract, both have the right to half of it when they split up legally. Yes, but in marriage they hold it in common, regardless of whose name is on it, unless they have made a pre-nuptial agreement. Anyone can agree to hold some property in common. People can even enter into extensive partnerships regarding property. But it's not assumed as it is in marriage. Where the corporation creates the legal fiction of a person, marriage is a similar institution in that it creates the legal fiction of a single person where there are actually two. You could, potentially, do many of these things outside of marriage - not all of them, but some, and it would probably take more than a few lengthy contracts - but there is no other all-embracing legal partnership which is so comprehensive as to assume such a singularity of personhood.

Edited by Aelfgifu - 25-Jun-2007 at 08:57