Polygamy being ‘widely misused' in Islam: Allahabad HC
LUCKNOW: Giving its observation on the provision of polygamy in Islam, the Allahabad High Court said that though it was permitted in Islam to go for more than one marriage under certain circumstances and with certain conditions, this permission was being 'widely misused' by even going against the mandate of Muslim law.
The bench, comprising Justice Arun Kumar Singh Deshwal, said polygamy had been permitted, conditionally, by the Holy Quran in early Islamic times for rehabilitation of widows and orphans after heavy wartime casualties but now the said provision was being misused for 'selfish purposes'.
The observation came from the bench while hearing a petition by Furqan and two others challenging chargesheet as well as summon order by a Moradabad court under Sections 376(rape), 495 (second marriage with concealment of former marriage) 120-B ( criminal conspiracy), 504 (insult) and 506 (criminal intimidation) of IPC.
An FIR was lodged by the opposite party no. 2 (wife) alleging Furqan married her without disclosing to her that he was already married and that he raped her during the marriage. Furqan contended that the woman admitted to having married him after a relationship.
His counsel argued that no offence under Section 494 IPC would be made out against him as, under Muslim Law and the Shariat Act, 1937, a Muslim man was permitted to marry up to four times. It was also submitted that all issues regarding marriage and divorce had to be decided as per the Shariat Act, 1937, which also permitted the man to get married again even during the lifetime of the previous spouse.
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