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Ingushetia: How many wives do a person need?
Leading Lev Roitman

Lev Roitman:

The President of Ingushetia Ruslan Aushev, by his decree, legalized the registration of polygamy: a man has the right to have up to 4 legal wives. 9 out of 10 residents of Ingushetia are Muslims. The Family Code of the Russian Federation, more precisely, does not allow polygine, more precisely. The Qur'an allows under certain conditions. In a number of Muslim countries - Türkiye, Tunisia - polygamy is directly prohibited. In Egypt and Syria, it is extremely difficult. The polygamy is not allowed in Azerbaijan, Uzbekistan, Turkmenistan, Kazakhstan, Tajikistan, Kyrgyzstan. In Chechnya, she is allowed, but she does not care about Russian laws. How to relate to Aushev’s decree? Almost half of the Russians surveyed considers the polygamy for Muslims permissible, but men say “yes” three times more often than women. Our upcoming conversation about polygamy. Participate: Radiy Fish, Moscow; Elmira Akhundova, Baku; Giovanni Bensi, Prague.

Having legalized polygamy in Ingushetia, Ruslan Aushev explained that since there are many more women in the republic than men, they cannot arrange their fate, but to engage in, as he put it, “fornication”, not every woman wants, in addition, this categorically prohibits the Qur'an. I note that the Qur'an does not prohibit the holding of a referendum, and the Constitution of Ingushetia even provides for it. And now, with the question of Radia Fish, Moscow: Radiy Gennadievich, you are an orientalist, a Turkologist, and so, in Turkey, polygamy is prohibited from the 26th year, Turkey simply adopted the Swiss Civil Code then, but a huge majority of the population in Turkey is Muslim. And the question is: what caused the ban on polygamy?

Radiy Fish:

The prohibition of polygamy in Turkey was associated with the reforms of Ataturk - the head of the Turkish Republic and the winner in the national liberation war against the European powers. Ataturk revolutionically for 10 years has held a number of reforms, including the Civil Code. The wearing of clothing was prohibited, the Dervishevsky orders were prohibited, the right to vote was granted to women in the 34th year, 12 years earlier than in France and the right to choose and be elected. Thus, an article in the Constitution was also liquidated, which said that Islam was the state religion in Turkey, and the oath of the president and all officials on the Qur'an was canceled, and was replaced by civil oath. A number of reforms, including those related to polygamy. Although the old couples and polygams who were before this decree continued to exist legally. It was an attempt to Europeanization of the country.

Lev Roitman:

And today, how is the problem of polygamy really solve in Turkey?

Radiy Fish:

In reality, polygamy does not exist legally, it exists in practice, as well as in France, just like in Russia, but it is not legalized and can never be legalized so far. Those couples who, either triples, or four who live, and if they remained alive after the 1920s, they continue to live in polygamy, there is no multi-pride of official in Turkey.

Lev Roitman:

Thank you, Radiy Fish. And Giovanni Bensi, you are the author of books, the author of articles about Islam of polygamy, after all, this is not the absolute religious right of a Muslim, because there are quite stringent restrictions and strict conditions in which polygamy is allowed in the Qur'an?

Giovanni Bensi:

Really it is. And in many ways this is a matter of interpretation, as always happens in all religions. We must not forget that there are two, mainly, source of Islamic teaching. The first and most important source is the Qur'an in which, according to Muslims, Allah himself tells people through Mohammed. And besides, there are hides, hodis - these are big meetings, collections of different phrases, different expressions, sayings that are prescribed by Mohammed, but which were not entered the Qur'an and transmitted through certain, through long chains of transmitters, so to speak. There are great meetings of these hodits, "Bukhari", for example, or "Muslim" and so on. In the Qur'an itself, with regard to issues of marriage and polygamy, there are some statements, there are some verses, it means that poems are in different Surahs (the chapters of the Koran) that talk about it. But polygamy in the Qur'an is justified primarily by the need to take care of widows and orphans. We must take into account that in the ancient Dofudal Society, which existed in the Arabian Peninsula during the time of Mohammed, men were subjected to much large in quantity and in quality of dangers than women. There, all sorts of wars took place between the tribes, the dangers associated with trade, with the caravans that went north. Therefore, there were many as if women of widows and orphans. And therefore there is one Surah of the Qur'an, this is the 4th surah, a verse is, a verse 3 says: "And if you are afraid that you will not be fair to orphans, then marry those that are pleasant for you by women of two, three, and four." So, this is not ordered to marry 4 women, but it is recommended, and the main goal is given as helping orphans and help to widows. But further, it is also said in the Qur'an, that if a man has many wives, 4 wives, he should treat them quite fairly and in a single, means the same appeal to all wives. If you cannot ensure such equality, then it is better to marry only one. There is a problem here, we know that in Islam there are not only confessional divisions into Sunnis and Shiites, there are different schools, are called "Mashabs", ficca schools, the so-called, that is, the theological and legal interpretation of the Qur'an, and these mashabas, takhanafites, hambalites, shafiits and lemonails for Sunnis and japharitis for Shiites. Many ulets, many mutacalms, means theology and scientists of Islam, refer to another ayat, I can quote it, it is in the 4th Sura, the 128th ayat, which says that "you are never able to be fair between wives, even if you wanted it." This means that it is practically very difficult for a person in economically, for example, he treated one-way to all wives.

Lev Roitman:

I want to say that in Tunisia it was precisely this verse that was interpreted in such a way that since it is not possible an equal attitude towards all wives, the polygamy should be prohibited, and the Tunisian constitution is directly written - polygamy is not allowed.

Giovanni Bensi:

In Tunisia, this school of Melikitov acts, which interprets in this sense. I must say that this 28th ayat of the 4th Sura is the main text that lawyers who do not allow polygamy refer to Islamic countries. And in these countries, where polygamy is not allowed, not only in Tunisia, but in Pakistan, Turkey, from the point of view of the Theological, and in different other countries, there is a link to this ayat. This means that it is very difficult for a person to really contact all wives in a single wives.

Lev Roitman:

In addition, he must provide everyone, he must care about everyone. And in Syria we went the following way: this is not a man’s decision that he can take care, he must prove it. And he proves this in court, where he appeals for permission to increase in the female part of the family, and all the time in modern conditions he does not receive this permission. Thus, it seems that the Koran was observed, and at the same time, these countries have moved from medieval practice, to which they return to Ingushetia today, where, as we understand, there can be no at the level of provision of every wife, which was meant in mind the prophet, and it was assumed that each of them will have a separate home. Where do you provide a separate dwelling for each wife in a city apartment today? But, nevertheless, polygamy is allowed. And now with a question in Baku: Elmira Akhundov, you are our Baku correspondent, and so in Azerbaijan, where the majority of the population of Muslims are also undoubtedly discussed at the official level, how, however, it was discussed in all Muslim regions of Russia and in all Muslim republics of the former Soviet Union. What is the legal decision in Azerbaijan?

Elmira Akhundova:

In Azerbaijan, the institute of polygamy, as in other Muslim republics of the former USSR, was abolished in the early 1920s, during the Sovietization of the republic. And today, in the 8th year, the acquisitions of state independence in the Azerbaijani parliament are actively discussing the new Family Code, the Code of Family - this is what it is called, it will be adopted in the fall in the third reading. This Code has many new and such interesting points for the republic, for example, the preparation of a marriage contract, which was not there before, a voluntary medical examination of the spouses. However, in the new Family Code of Azerbaijan, the only type of family relationship that is recognized in law will be a monogamous family, that is, one man - one woman. In the process of discussing the new "Code of the Family" in the parliament, deputies who jokingly raised the question of polygamy on the sidelines, so the deputy of Mili Majilis told me, the poetess Mina Aliyeva. However, during the discussion of the law, in the first and second reading, none of the parliamentarians even made an attempt to make such an offer on the agenda. The poetess itself belongs to the institute of polygamy sharply negatively. She said that the presence of two or more wives in one family inevitably brings the spirit of nervousness, conflicts, mutual malice and intolerance to family relations. And in addition to the moral and ethical aspect, the material Fakor should be taken into account, Mina Aliyeva believes. Today, our men, she says, is not able to adequately support one woman, where to think about the second.

Lev Roitman:

Thank you, Elmira Akhundova, Baku.

Radiy Fish:

Aushev’s decree did not go through the referendum, this is clear, therefore the entire population was not interviewed. But I think this is justified by another circumstance. Firstly, the adamant, the usual right that existed in the Caucasus, is an illegitimate connection, even sanctified by the mullah, for the Chechen woman, a shame and worse shame can be death, clan society there. And most importantly, Aushev justifies the genocide that the Russian army conducted against the Vainakh people, including Chechens and the Ingush, who are part of the Vainakh people, and the care of orphans, including the brides who cannot find a husband. This is a real justification. It seems to me that it makes sense, but it would only be necessary to hold a referendum, in my opinion, it would be. Although in Turkey it was done without a referendum.

Lev Roitman:

Thank you, Radiy Fish. Now again with the question of Giovanni Bensi: what's the point, what is the essence of the prohibition for Christians to be in polygamous marriage?

Giovanni Bensi:

But this may seem curious or new for many, but there is no such ban in Christianity. We know that polygamy existed in different forms of Jews in the era of the Old Testament, that is, in Christian times.

Lev Roitman:

Sorry, Giovanni, for accuracy: until the 10th century, when it was theologically recognized as indecent, so to speak.

Giovanni Bensi:

But the Bible has many examples of polygamy or concubine and so on. In Christianity, the New Testament, of course, is said about different conditions of marriage, marriage, joint life of a man and a woman, there is a lot of controversial, but it is not said openly, frankly, clearly, it is clear that the wife should be only one. Of course, this monogamous family was established by Christians mainly on the basis of not Jewish heritage, biblical heritage, but on the basis of Roman legal heritage. In Rome, in ancient Rome, polygamy was not allowed by law. I must say something else that relations fundamental to a woman in Islam and in Christianity are a little different from the point of view of theological. Because, according to the entire Christian tradition, the first woman Eve was that element, the factor, so to speak, which misled, into Adam's sin. So, at first Eve sinned, and she forced Adam (a story with a forbidden fruit). But this is not in Islam. Of course, Mohammed knew the Bible, but he knew, obviously, he did not know very well and knew the texts of the New Testament, but, it was also very curious, visible from the Qur'an, he knew first of all the apocryphal texts of the New Testament, that is, those gospels that are not recognized as canonical the Ecumenical Church. There are many biblical stories in Islam, which are retold in some way, and Mohammed or Allah, according to the interpretation of Muslims, introduces some changes, adds something or takes something away and so on. And therefore, in the story of the creation of the world there is no this element. There is an element that Adam and Eve were sinned, but sinned together, it is not said that Eve is more guilty or less guilty of Adam. In Jewry, this also does not play a very large role, because this whole story, this story about the creation of the world, which is at the beginning of the Bible, in the Book of Genesis, but then in the whole text of the Bible this is practically forgotten, then does not play any specific role. And this Christians again discovered this element and turned it into original sin: everyone sins, everyone is born sinners, because the ancestors have sinned. But the Qur'an does not have this original sin, so the woman and man seem to say the apologists of Islam today, the woman and the man are more equal than in Christianity.

Lev Roitman:

But, excuse me, what does this have to do with the Institute of Polygamy or to the Institute of Monogamia?

Giovanni Bensi:

But this is related to the position of a woman and the attitude to a woman as a thing, so to speak. There are in some forms of family relations that a woman is considered a secondary creature. You know that in the epistles of the Apostle Paul, for example, it says: "Let the woman are silent at a meeting or in the church."

Lev Roitman:

But, excuse me, Giovanni, this still does not answer my question, you are contradicting yourself in something. In the event that a woman is considered a thing, if she is considered not a clean creature, if she is a temptress, why in this case ...

Giovanni Bensi:

I want to give here the point of view of Muslims who deny that polygamy is humiliation for a woman. Meanwhile, as in Western civilization, despite these negative elements that are in the spiritual heritage of Christians, Western Europe, and so on, on the basis of Roman law, polygamy is considered humiliation for a woman. This is in Roman law humiliation for a woman, so a man and a woman are equal. But this heritage in Christianity is the legacy of Roman law, it is not the legacy of the New Testament.

Lev Roitman:

Thank you, Giovanni Bensi. Well, we will read that Valentina Matvienko, Deputy Chairman of the Council of Ministers of Russia is in the position of Roman law when he says that the decision of the President of Ingushetia Aushev is for her, as a woman, humiliating. Elmira Akhundova, Baku: What about your situation? You lit the legal side of the issue in Azerbaijan, but in practice?

Elmira Akhundova:

You know, life has its own laws. Not a single, even the most perfect document can suggest what to do if the spouses live well, friendly, a friend is very satisfied, but there is one very significant “but”: a woman is not able to give birth to a man of children. And you see, there is no heir to a Muslim - this is a big tragedy. And not so long ago, on Azerbaijani television, a plot was shown about one Azerbaijani family living in some remote mountainous area, here one of such childless women herself brought a second wife to the house by the hand. And now, for many years have passed, they together bring up children that have appeared, and the children of both women call their mother. In general, in the Azerbaijani outback and large cities, there are frequent cases when a wealthy man starts another family on the side. He does not particularly advertise his relationship with the second family, but relatives and relatives, and often the legal wife herself knows about her existence. And so I found out, in the Azerbaijani legislation, a special article is still preserved ѕ 130, according to which up to three years in prison, for two years in prison. However, the professional lawyers with whom I spoke could not recall a single similar case that would have reached the trial. The fact is that the Azerbaijani society is quite tolerant of violators of family foundations. Personally, I know at least several very famous people from the world of literature and art, who lived for two families for many years, and there and there they had children who were recorded for their last name. That is, life has its own laws.

Lev Roitman:

Thank you Elmira Akhundova. But on the laws in the same Ingushetia: in the 93rd year, criminal liability was canceled for polygamy, this criminal liability was provided for by the then Criminal Code of the Russian Federation in the section, which was called "crimes constituting the remnants of local customs." There was also banned by Kalym, and the dumping of the bride. But in the Russian criminal legislation, in the New Criminal Code there is no longer such a section at all and there is no such article, thus, neither two -wires nor polygamy is more in criminal order. Well, the laws are one thing, and life, as Elmira Akhundova said, is another, and do not judge, but you will not be convicted.