HC SEEKS GOVT RESPONSE ON PLEA FOR ‘REGULATION’ OF POLYGAMY IN ISLAM

NEW DELHI: The Delhi high court sought the Centre’s stand on a Muslim woman’s plea seeking regulation of the practice of bigamy or polygamy which is allowed under Muslim law (Shariat) . She sought directions to make written consent of the first wife mandatory before a Muslim man enters into a second marriage, along with prior permission from a judicial officer certifying that the man has the capacity to treat both wives equally.

To be sure, under provisions of the Shariat law, permission of the first wife is mandatory for the husband to get married for a second time.

The woman sought directions to the Centre to frame a law to regulate the practice of bigamy or polygamy contracted by a Muslim husband under Shariat with provisions of prior written consent of his wife/wives and prior proper arrangements of accommodation and maintenance of his wives.

On an earlier day of hearing on March 21, the high court observed that there is no law in India to regulate bigamy or multiple marriages of Muslims . The petitioner’s counsel, Bajrang Vats, pointed out that Pakistan has regulated bigamy or polygamy contracted by Muslim husband under Shariat by enacting the Muslim Family Law Ordinance, 1961. At that hearing, the HC asked the counsel to place relevant extracts from commentaries on Shariat law to support the contention on consent of the existing wife being required, and that the husband is required to maintain all his wives.