Muslim man allowed to have multiple wives if he can treat them equally: Allahabad HC
NEW DELHI: The Allahabad high court recently ruled that a Muslim man is entitled to marry more than once, provided he treats all his wives equally.
A single bench of
Justice Arun Kumar Singh Deswal
made the observation while hearing a petition related to charges against a man named Furkan in Moradabad.
The court noted that polygamy is permitted under the Quran 'for a valid reason' but is often 'misused' by men for 'selfish reasons,' a report by Bar & Bench website said.
'This Court would further like to observe that Article 25 of the Constitution of India gives religious freedom to profess, practice and propagate, which also includes external overt acts of individual as per his religious faith, but this right is subject to public order, morality and health and other provisions of Part-III of the Constitution.
Therefore, religious liberty under Article 25 is not unfettered and can be regulated by the State,' the judgment said, as per the Bar & Bench report.
The bench explained that polygamy was allowed historically to protect widows and orphans in the early Islamic community. 'There was a time in history when a large number of women were widowed, and children were orphaned in primitive tribal tussles in Arabs. The Muslims suffered heavy casualties in defending the nascent Islamic community in Medina.
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It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation,' it said.
The case relates to a 2020 complaint by a woman who accused Furkan of marrying her without disclosing he had another wife. She also alleged rape during the marriage. Police issued summons to Furkan and two others.
The case began after a woman said Furkan did not tell her he was already married when they wed.
Furkan's lawyer argued that Muslim law allows a man to marry up to four wives.
The court ruled that the charges of bigamy and rape did not apply, as the marriage was valid. It said the matter needed further examination and issued a notice to the complainant.
Meanwhile, the police were ordered not to take any coercive action against Furkan or the other accused. Furkan was represented by advocates Alok Kumar Pandey, Prashant Kumar, and Susheel Kumar Pandey.
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