Restricting Polygyny in Modern Egypt

Taqyīd al-mubāḥ (restricting the permissible) refers to the ability of Muslim rulers to restrict acts that the sharīʿa permits in order to prevent a social harm and secure a public benefit. Since the late nineteenth century, this concept has been used to justify the state’s restriction of legally permissible acts such as slavery, child marriage, and verbal divorce. My paper identifies the nineteenth-century Egyptian discussions on polygyny as an instance in which scholars also debated taqyīd al-mubāḥ. This debate reflected the evolving role of the state. Early in the century, scholars didn’t advocate state intervention due to limited power. By the late century, as state control over courts increased, some scholars saw an opportunity to restrict polygyny for the public good, while others argued for limited state intervention and the privacy of marriage. This highlights the tension between the legal tradition and social change, showcasing the strategic use of Islamic legal principles to navigate these challenges.