More Than One Wife/Spouse Is Permitted In Islam Relevant Law, Polygamy Laws in Pakistan:

What Does Islam Say About Having More Than One Wife?

Introduction to Polygamy in Islamic Context:

Polygamy, the practice of having more than one spouse, is permitted in Islam under specific guidelines. The Quran allows a Muslim man to marry up to four women, provided he can maintain justice and equality among them. This religious allowance is encapsulated in Surah An-Nisa (4:3) of the Quran, which emphasizes the importance of fairness in polygamous unions.

The Rules for Marrying More Than One Wife in Pakistan

Muslim Family Laws Ordinance, 1961

In Pakistan, the Muslim Family Laws Ordinance (MFLO), 1961, governs family matters for Muslims, including polygamy. Section 6 of the MFLO requires a man to seek written permission from the Arbitration Council before entering into a polygamous marriage. This ensures that the rights of the existing wife or wives are protected and that the new marriage is justified and equitable.

How to Get Permission for another Marriage

Procedure:??????????

The Muslim Family Laws Ordinance, 1961 Section 6: relevant to Polygamy and Its Legal Implications:

Section 6, of the Ordinance clearly outlines the legal process and consequences surrounding polygamy in Pakistan, emphasizing the importance of obtaining proper authorization and the potential penalties for failing to do so. It is designed to protect the rights of existing spouses and ensure that any additional marriages are entered into with due consideration and fairness.

Permission Requirement for Polygamy Section 6 Sub-section (1):

Muslim man cannot legally marry another woman during the subsistence of his current marriage without prior written permission from the Arbitration Council. Additionally, any marriage contracted without this permission will not be registered under the Ordinance, rendering it legally unrecognized.

1.??? Application for Permission procedure, Section 6 Sub-section (2):

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A man must submit an application to the Chairman of the Arbitration Council, detailing the reasons for the proposed marriage and confirming whether he has obtained consent from his current wife or wives. This application must be accompanied by a fee.

2.??? Formation and Decision of the Arbitration Council, Section 6 Sub-sections (3):

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Upon receiving the application, the Chairman will instruct the applicant and his existing wife or wives to each nominate a representative. The Arbitration Council, thus formed, has the authority to grant permission for the proposed marriage if it deems the marriage necessary and just. The Council may impose conditions as it sees fit.

3.??? Review and Final Decision, Section 6 Sub-section (4):

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The Arbitration Council is required to document its reasons for the decision made. If any party involved is dissatisfied with the decision, they may file a revision application to the Collector within a specified period and upon payment of a fee. The Collector's decision on this matter is final and cannot be challenged in any court.

4.??? Consequences of Non-Compliance, Section 6 Sub-sections (5):

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A man who contracts another marriage without the required permission faces two primary consequences:

(a) He must immediately pay the entire dower owed to his existing wife or wives. If he fails to pay, the amount is recoverable as arrears of land revenue.

(b) Upon a complaint and subsequent conviction, he may be punished with simple imprisonment for up to one year, a fine of up to five thousand rupees, or both.

If Permission Is Denied?

The decision can be contested in the Family Court. The court will then re-evaluate the case, providing a platform for appeal and further deliberation.

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What Happens If You Don’t Follow the Rules?

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Under Pakistan Penal Code There is Legal Provisions for Filing an FIR Under Section 494 of Pakistan Penal Code.

Punishment for Marrying without Permission under Pakistan penal code:

If a man contracts a second marriage without the required permission, he may face legal consequences under Section 494 of the PPC. This section penalizes marrying again during the lifetime of a husband or wife, which is applicable to all citizens of Pakistan, regardless of their religion. The punishment can include imprisonment for up to seven years and a fine.

Understanding Section 494 of the Pakistan Penal Code

Section 494 of the Pakistan Penal Code (PPC) addresses the offense of marrying again during the lifetime of a spouse. It prescribes a punishment of up to seven years’ imprisonment and a fine for those who remarry without abiding by the legal stipulations. This section serves as a safeguard against unauthorized polygamous marriages, ensuring legal and social order.

Conclusion:

This guide underscores the significance of adhering to the legal procedures when considering a polygamous marriage in Pakistan. It highlights the balance between religious allowances and legal frameworks designed to protect the rights and welfare of individuals.

I hope you find this article helpful. If you have any questions or feedback, please let me know. Please feel free to contact Advocate Abdul Hanan at 03452890471 or visit his website www.HosLawAssociate.com Thanks