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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.
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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."
Mint
15-05-2025
- Mint
Court says a Muslim man can have multiple wives on one condition, ‘Quran asks men to first consider…'
A Muslim man can marry multiple times as long as he treats all his wives equally, Allahabad High Court recently observed. It pointed out the offence of polygamy as it conditionally permitted under the Quran for a "valid reason", but is often "misused" by men for "selfish reasons". A single-judge bench led by Justice Arun Kumar Singh Deswal made these comments while hearing a request to cancel the chargesheet, cognisance, and summons order against a man, Furkan, issued by a court in Moradabad. The case began in 2020 when a woman accused Furkan of marrying her without revealing that he was already married. She also claimed that he raped her during their marriage. Based on her complaint, a case was registered at the Moradabad police station, and summons were issued to Furkan and two others. The Allahabad High Court noted that the right to religious freedom under Article 25 of the Indian Constitution is not absolute. '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.' Justice Deshwal said polygamy finds mention in the scripture only once, and there is a historical reason why it was allowed, but men have often used it for selfish purposes. '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 Bench observed. It said that polygamy in the holy book is conditional. '…it is clear that the Quran asks men first 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.' The Allahabad High Court, in its 18-page judgement, said that Furkan's second marriage is valid as both his wives are Muslim. The court has listed the matter for the next hearing on May 26.
News18
15-05-2025
- Politics
- News18
Muslims Can Have Multiple Wives If Marriages Are Under Mohammedan Law: Allahabad High Court
Last Updated: The Allahabad HC ruled that a Muslim man can marry more than once under Mohammedan law. Bigamy charges apply if his first marriage was under other personal laws or declared void. A Muslim man can marry more than once if his marriages are conducted under the Mohammedan law, the Allahabad High Court has ruled. The court also said that the man, in such a case, would attract the offence of bigamy if the first marriage had been declared void, Bar and Bench reported. The order, by Justice Arun Kumar Singh Deshwal, stated that the offence will also be attracted if the first marriage was performed under the Special Marriage Act, Foreign Marriage Act, Christian Marriage Act, Parsi Marriage and Divorce Act, or the Hindu Marriage Act, and the man performs a second marriage as per the Mohammedan law, after conversion to Islam. The ruling came while the court was hearing a plea filed by a man, who identified himself as Furkan. He sought quashing of the chargesheet and case registered against him for offences of bigamy and rape, among others. A case against him was filed after his wife alleged that his first marriage was not disclosed to her at the time of their wedding. However, Furkan argued that the Muslim law allows him to marry four times. Following the hearing, the court held that offence of bigamy and rape are not attracted against the accused because the marriage is valid in this case. The court, however, said the matter required more consideration. 'The family court has also jurisdiction u/s 7 of the Family Court Act to decide the validity of a Muslim marriage performed in accordance with the Muslim Personal Law," the Bench held. The court observed that religious liberty under Article 25 of the Constitution of India is not unfettered. '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," it stated. The court stressed that the Quran allows polygamy for a fair reason, but men have used it for selfish purposes. Justice Deshwal said polygamy finds mention in the scripture only once, and there is a historical reason why it was allowed. 'There was a time in history when a large number of women were widowed, and children were orphaned in primitive tribal tussles in Arab. 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 bench observed. It said that polygamy in the holy book is conditional. 'It is clear that the Quran asks men first 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," the court said. Noting the misuse of the liberty, the court said that the enactment of a uniform civil code must be considered by the legislature. First Published: May 15, 2025, 09:57 IST
