MOST RANKING QUESTION
RELATING SECOND MARRIAGE, REGISTRATION
PUNISHMENT
Q#1. CAN I DO SECOND MARRIAGE?
Q#2. HOW CAN I REGISTER MY SECOND MARRIAGE?
Q#3. CAN YOU HAVE TWO WIVES IN PAKISTAN?
Q#4. WHAT IS THE PUNISHMENT FOR SECOND MARRIAGE?
SECOND MARRIAGE
According to section 6(1) of The Muslim Family Law Ordinance 1961
No man, during the subsistence of an existing marriage, shall, except with the previous permission
in writing of Arbitration Council, contract another marriage, nor shall any such marriage contracted
without such permission be registered under this Ordinance
SUPREME COURT OF PAKISTAN
The Supreme Court of Pakistan made it mandatory for a man to obtain consent from the first wife
or Arbitration Council before marrying for the second time
so according to law a man can contract second marriage but subject to restriction, it is obligatory
on man to get permission from the first wife or Arbitration Council.
Section 6 of the ordinance has not expressly declared the subsequent marriage illegal and has
merely prescribed the procedure to be followed for the subsequent marriage and punishment
for its non-observance, thus sprit of the section reformative only as in fact same is prescribed
a corrective measure for the prevention of injustice to the existing wife.
- Must read: Registration of marriage
ACCORDING TO ISLAM
No doubt Islam has permitted a man to have more than one wives but if visualized in its true
perspective polygamy permitted by Islam was on account of the socio-political needs of the
early of Islam. The passage in Sura 4:3 in the Quran which is said to allow polygamy is more
in nature of prohibition than permission. to quote:
"AND IF YOU FEAR THAT YOU CANNOT ACT EQUITABLE TOWARDS ORPHANS
THEN MARRY SUCH WOMEN AS SEEM GOOD TO YOU, TWO AND THREE AND
FOUR; BUT IF YOU FEAR THAT YOU WILL NOT DO JUSTICE BETWEEN THEM
THEN MARRY ONLY ONE"
REGISTRATION OF SECOND MARRIAGE
Section 6 of the ordinance stipulates that no man can contract second marriage during the subsistence
of existing marriage except with the previous permission in writing of the Arbitration Council.
It further PROHIBITS REGISTRATION OF SECOND MARRIAGE not contract with such permission it seems that prohibition is not absolute. second marriage cannot be registered without permission of
the Arbitration Council
- Must read: second-marriage-permission-of-first.html
CAN HAVE TWO WIVES IN PAKISTAN?
- Must read: polygamy-contract-of-second-marriage.html
Yes one has two or more wives in Pakistan by adopting the following procedure
(1). Obtain permission of the first wife in writing
(2). An application for permission shall be submitted to the Chairman in the prescribed manner together with the prescribed fee and shall state the reasons for the proposed marriage, and whether the consent of the existing wife or wives has been obtained thereto.
(3). On receipt of the application, the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and Arbitration Council so constitutes may, if satisfied that the proposed marriage is necessary and just, grant subject to such conditions, if any, as may deem fit, the permission applied for.
PUNISHMENT FOR SECOND MARRIAGE
According to section 6(5) Muslim Family Law Ordinance 1961
Any man who contract another marriage without the permission of the Arbitration Council
shall,
(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing
wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue
(b) on convection upon complaint be punishable with the simple imprisonment which may extend
to one year and with a fine of five hundred thousand rupees.