Shadi pe Shadi (Second Marriage) In Islam and in Pakistan’s constitution- A perspective

A viral video got the attention of every internet user in which a husband was being battered by his first wife on being caught for getting married for the third time. She said I already had forgiven him for marrying for the second time but this is his third time and I can’t bear the infidelity of him once again. She showed Nikah nama to the future-in-laws of her husband.

In spite of the fact that Islam gives the privilege to a man to wed four women simultaneously, polygamy has consistently been a dubious subject in our nation. This episode likewise set off the deep rooted banter on whether a man is permitted to get hitched a subsequent time or not without the first spouse's authorization. The Council of Islamic Ideology's (CII) position on the issue is clear. A man needn't bother with his first wife’s authorization to wed another lady. Luckily, the CII's conclusions are not lawfully binding.

Although to be fair to the CII, it does have a one female member than JI’s women empowerment conference did. Unfortunately, that "one more female member," is the only female on the entire 20-member council, meaning that the female representation on the CII is a whopping five per cent when compared to the zero percent on JI’s women empowerment conference.

Thus, the rational activity would be what most governments have done before: disregard what the CII opines and take a gander at the law. Segment VI of the Muslim Family Laws Ordinance 1961 which spins around polygyny, expresses that:

"(1)No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance."

In the next section of the ordinance, the process for submitting an application requesting permission from the aforementioned arbitration council is outlined.

"(2)An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.’’

Subsequently, it is evident that a man can't get hitched a second time without the communicated assent of the first wife. Likewise, a man additionally needs to legitimize the need to get hitched significantly after he picks up authorization from the spouse. So, all these cases are just to control the problems in family life in Pakistan.

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