POLYGYNY AND DIVORCE
The problem of infertility was thought to be adequately solved by resorting to repudiation and remarriage by the husband, or turning to polygyny.[990] While this may appear to be a perfectly acceptable solution for men, who are allowed to have up to four wives under the Qur’an[991] and to divorce their wives unilaterally (talaq),[992] women do not have this recourse.
They cannot marry more than one man and it is much more difficult for them to divorce their husbands.[993] These patriarchal solutions to sterility thus perpetuate the gender inequality present in Islamic society and provide no plausible solution for infertility in women.In Tunisia, polygyny was criminalised in 1956 based on the understanding of the Qur’an at 4:129 that no husband can treat his wives equally.[994] In Saudi Arabia, the practice still occurs.[995] Tunisia also outlawed divorce and repudiation by men in 1956, allowing women to divorce without stipulating any ground.[996] However, women in Saudi Arabia are still faced with many social, legal and financial barriers to divorce.[997]
V.