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New Indian Express
16-05-2025
- Politics
- New Indian Express
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.
Hindustan Times
16-05-2025
- Politics
- Hindustan Times
Polygamy being ‘widely misused' against Muslim law mandate: HC
The Allahabad high court has observed that though Islam permits more than one marriage under certain circumstances and with certain conditions, this permission is being 'widely misused' even against the mandate of Muslim law. With this observation, Justice Arun Kumar Singh Deshwal said that polygamy was conditionally permitted under the Quran during early Islamic times to protect widows and orphans after heavy wartime casualties, however, the provision is now being misused by men for 'selfish purposes'. For the above observations, the court also relied on the suggestion given by the Supreme Court in the cases of Sarla Mudgal and Lily Thomas regarding the enactment of the Uniform Civil Code in pursuance of the mandate of Article 44 of the Constitution of India. The court also clarified the legal position regarding multiple marriages by a Muslim male and their implications under Section 494 of the Indian Penal Code (offence of bigamy) . The court also laid down the circumstances under which such marriages may or may not attract the offence of bigamy. It held: Firstly, if a Muslim male performs his first marriage as per Mohammedan law then second, third or fourth marriage will not be void, therefore, ingredients of Section 494 IPC will not be attracted for the second marriage except in those cases where the second marriage was itself declared Batil (void marriage) as per Shariat by the Family Court . Secondly, if the first marriage by a person is performed under Special Marriage Act, 1954, Foreign Marriage Act, 1969, Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936 and Hindu Marriage Act, 1955, and he performs second marriage as per the Mohammedan law, after conversion to Islam, then his second marriage will be void, and offence u/s 494 I.P.C. would be attracted for such marriage. The order was passed while hearing a petition filed by Furkan and two others challenging a chargesheet as well as summoning 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 the Indian Penal Code. The FIR was lodged by the opposite party no. 2 (wife) alleging that Furkan married her without disclosing that he was already married and that he raped her during the subsistence of such marriage. On the other hand, the applicant contended that the informant herself admitted to marrying him after being in a relationship. His counsel argued that no offence under Section 494 of the IPC would be made out against him, as under Mohammedan Law and the Shariat Act, 1937, a Muslim man is permitted to marry up to four times. It was also submitted that all the issues regarding marriage and divorce have to be decided as per the Shariat Act, 1937, which also permits the man to get married even during the lifetime of the spouse. It was further submitted that since the 1937 Act is a Special Act, while IPC is the General Act, therefore, the former will have an overriding effect over the latter. It was also submitted that in Mohammedan Law, the second marriage is not void if the first marriage is performed as per Mohammedan Law. The state counsel disputed this submission by contending a second marriage performed by a Muslim man will not always be a valid marriage because in case the first marriage was not performed as per the Muslim law but performed as per Special Act or Hindu Law, then the second marriage would be void and the offence u/s 494 IPC would be attracted. In the backdrop of these submissions, the court, at the outset, referred to the concept of Nikah (marriage) as per the Muslim Personal Law, and other authorities on Mohammedan Law to note that a plurality of marriages is not unconditionally conferred upon the husband. The court further noted that while the Quran allows polygamy for a fair reason, and it is conditional polygamy, however, men use that provision today for a selfish purpose. 'There is a historical reason why the Quran allows polygamy. 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. It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation.' The court also referred to a judgment in the case of Jafar Abbas, wherein it was observed that Quran forbids polygamy if the purpose of marrying more than once is self interest or sexual desire and further observed that it is for the maulvis to ensure that Muslims may not abuse the Quran to justify polygamy for their self-interest. In this case, the court had also held that there is no law which declares a second marriage under Mohammedan law as void, therefore, the same will not be punishable under Section 494 of the IPC. Going into the question as to whether a second marriage contracted by a Muslim could be declared void in any circumstances, the court opined that such second marriage would be void if same is declared by the Shariat as Batil (void marriage), especially where marriage was performed or contracted within the prohibited degree of relationship. However, it added that the question would arise as to who will declare the second marriage of a Muslim male as Batil (void marriage) as per Mohammedan law. In the present case, the court observed that both the applicant and opposite party No. 2 are Muslims, thus the applicant's second marriage would be valid, and no offence as afore-mentioned would be made out against him. Issuing notice to the opposite party, the court in its order dated May 8 stayed any coercive action against the applicant and ordered to list the matter in the week commencing May 26.
Time of India
15-05-2025
- Time of India
Muslim polygamy is 'misused by men for selfish reasons', says Allahabad HC in bigamy case
The Allahabad High Court has ruled that a Muslim man is legally permitted to marry more than once, provided he treats all his wives equally, in accordance with Islamic law. The court made the observation while hearing a plea by a man named Furkan seeking to quash criminal proceedings against him, including charges of bigamy and rape which were charged against him by a Moradabad court. Justice Arun Kumar Singh Deshwal, while delivering the judgment, noted that the Quran permits polygamy under specific and historically justified circumstances, but it is "misused" by men for "selfish reasons", as quoted by Bar and Bench .'The Quran mentions polygamy just once, and that too in a historical context where it aimed to protect widows and orphans from being exploited during early tribal conflicts in Arabia where the Muslims suffered heavy casualties while defending the early Islamic community in Medina,' the court observed. The case began when a woman in 2020 accused him of marrying her without informing her of his first marriage. She also accused him of raping during the course of their marriage following which she filed a case against Furkan and two others. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Villas Prices In Dubai Might Be More Affordable Than You Think Villas In Dubai | Search Ads Get Quote Undo Furkan argued that as a Muslim man, he is legally allowed to marry up to four women, and that the complainant entered into the marriage knowingly, after being in a relationship with him. His counsel contended that for the offence of bigamy under Section 494 of the Indian Penal Code to apply, the first marriage would have to be declared void — which was not the case here. After reviewing the facts, an 18 page judgement by the court concluded that neither the offence of bigamy nor rape was applicable in Furkan's case, stating that the second marriage was valid since both parties were Muslims. The court noted that the woman's consent and knowledge played a role, and that religious personal laws permit such a marriage under specific conditions. Live Events The matter has been listed for the next hearing on May 26.
India Today
15-05-2025
- Politics
- India Today
Men misusing polygamy under Muslim law for selfish purposes: Allahabad High Court
The Allahabad High Court on Wednesday expressed concern over the misuse of polygamy under the guise of Muslim personal law, stating that the Quran's conditional allowance for multiple marriages is now being used by men for 'selfish purposes', contrary to its original to a report in Live Law, while addressing a matter involving multiple marriages, Justice Arun Kumar Singh Deshwal pointed out that polygamy was historically allowed in early Islamic times to support widows and orphans in the aftermath of wars, however, the modern-day interpretations often ignore the conditional and humanitarian nature of the is a historical reason why the Quran allows polygamy. 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. It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation,' the court said. The Court further aligned its view with the Supreme Court's recommendations in the Sarla Mudgal and Lily Thomas cases, reiterating the need for a Uniform Civil Code (UCC) as envisaged under Article 44 of the per the report, the court defined the legal position over multiple marriages by a Muslim male and their implications under Section 494 of the IPC. The court also laid down situations under which such marriages may or may not attract the offence of bigamy. The court stated that –advertisement1. If a Muslim male contracts his first marriage under Mohammedan law, his second, third, or fourth marriages will not be void, and thus Section 494 of the Indian Penal Code (IPC) (which deals with bigamy) will not apply. However, if the second marriage is declared void (Batil) by a Family Court under Section 7 of the Family Courts Act, or by any competent court, then Section 494 IPC can be invoked.2. Conversely, if a man marries under the Special Marriage Act, Hindu Marriage Act, Christian, Parsi, or Foreign Marriage Acts, and then converts to Islam to marry again, such a second marriage would be void, and Section 494 IPC would apply.3. The court reaffirmed that Family Courts have the jurisdiction to determine the validity of a Muslim marriage performed in accordance with the Muslim Personal High Court also emphasised that a Muslim man does not have an absolute right to enter into a second marriage unless he is capable of treating all his wives equally, as mandated by the Watch
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Business Standard
15-05-2025
- Politics
- Business Standard
Muslim man can't be charged for bigamy under Mohammedan law: Allahabad HC
The Allahabad High Court on Wednesday ruled that a Muslim man cannot be charged with the offence of bigamy (marrying one person while being legally married to another) if his marriage was conducted under Mohammedan law. A single bench of Justice Arun Kumar Singh Deshwal ruled that a Muslim man can be charged with the offence of bigamy if the first marriage was conducted under the Special Marriage Act, Foreign Marriage Act, Christian Marriage Act, Parsi Marriage and Divorce Act, or the Hindu Marriage Act, and the second marriage is performed under Mohammedan law after converting to Islam, according to Bar and Bench. He made these remarks while hearing a plea to quash the chargesheet, cognisance and summons ordered against a man, Furkan, issued by a court in Moradabad. The case pertains to when a woman filed a complaint against Furkan, alleging that when she married him, he was already married, and it was not disclosed to her. However, the petitioner argued that the law allows him to marry up to four times. According to an NDTV report, the woman also alleged that she was raped by Furkan. However, his counsel in the Moradabad court argued that the woman admitted to marrying Furkan after having a relationship with him. The court also shed light on polygamy and stressed that the Quran allows it for a fair reason; however, men have used it for selfish reasons. Justice Deshwal further added, "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. It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation." The court further clarified that polygamy mentioned in the Quran is conditional. It said, "It is clear that the Quran asks men first to consider taking care of the orphans and only when they think they may not be able to do justice to the orphans' interests while staying in isolation, should they consider marrying their widowed mothers, on the condition that the new family would be dealt with justly on par with the existing one."
