POLYGAMY, CONTRACT OF SECOND MARRIAGE, WIFE'S PERMISSION, EXCEPTION,PUNISHMENT, SUBSEQUENT MARRIAGE , S.6 FAMILY LAW ORDINANCE 1961

 

POLYGAMY

CONTRACT OF SECOND MARRIAGE

WIFE'S PERMISSION

Section 6 of the Muslim Family Laws Ordinance, 1961, stipulates that no man can contract

second marriage during the subsistence of existing marriage

 

EXCEPTION

With the previous permission in writing of the Arbitration Court.

If further prohibits registration of second marriage not contracted with such permission.

It seems that the prohibition is not absolute. The Chairman Arbitration Council is authorized to entertain an application made by the husband stating reasons for the proposed second marriage and whether the consent of the existing wife has been obtained. The procedure to be adopted by the

Chairman Arbitration Council is to constitute an Arbitration Council consisting of himself and one representative each of the spouses. Which, may, if satisfied that the proposed marriage is necessary and just grant permission subject to any such conditions as may deem fit. Of course, the council

is to record reasons for the decision, which is amenable to revision.

PUNISHMENT

A person contravening the procedure prescribed and getting married without the permission of 

the Arbitration Council is liable to:

a) Pay immediately the entire amount of dower whether prompt or deferred, and 

b) On conviction upon complaint to undergo the punishment of simple imprisonment's 

    which may extend to one year and with a fine of five hundred thousand rupees.  

It is only the Arbitration Council of place where the existing wife resides who is competent to give

permission for contracting second marriage. Permission granted by Union Council of husband's place of residence is ineffective 

SUBSEQUENT MARRIAGE IS NOT ILLEGAL

Section 6 of the ordinance has not expressly declared the subsequent marriage illegal and has merely prescribed a procedure to be followed for the subsequent marriage and punishment for its non-observance, thus, the spirit of the section is reformative only as in fact same is prescribed a corrective

measure for prevention of injustice to the existing wife.

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. The passage in Sura 4:3 in the Quran which is said to allow polygamy is more in the nature of prohibition than permission. To quote

  "AND IF YOU FEAR THAT YOU CAN NOT 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 (MERRY ONLY ONE)"

It is humanly impossible that a person having more than one wife can treat them, with equal love and affection. Therefore, the ordain in Quran aims to safeguard the rights of orphans rather than give license to a man to have more than one. The embargo to do justice between the wife is a prohibition than a license. As absolute justice in the matter of feeling of love

and affection is clearly impossible, therefore, the proviso to the permission on having more 

then one wife transforms it into prohibition.

Likewise, the ordinance does not prohibit polygamy but only provides that a man may contract 

another marriage during the subsistence of his existing marriage only with the permission 

of the Arbitration Council, for which purpose he will have to state the reasons for the proposed marriage.