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Can second marriage proceed without first wife’s consent?

In Pakistan, the issue of second marriage without the consent of the first wife is a frequently misunderstood aspect of family law. While Islamic law permits polygamy under certain conditions, Pakistani statutory law places legal restrictions on contracting  Permission of Second Marriage in Pakistan   . These restrictions are primarily designed to protect the rights of the first wife and ensure fairness, transparency, and accountability. Understanding whether a second marriage can legally proceed without the first wife’s consent requires an examination of statutory law, judicial interpretation, and practical enforcement. Legal Framework Governing Second Marriage The primary law governing second marriages in Pakistan is the Muslim Family Laws Ordinance, 1961 (MFLO) . Section 6 of this Ordinance clearly states that a man who wishes to contract a second marriage during the subsistence of his first marriage must obtain prior permission from the Arbitration Council. This legal re...
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Does second marriage impact the dowry rights of either wife?

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Permission of Second Marriage in Pakistan    is governed by both Islamic principles and statutory laws. Among the various rights and obligations that arise out of marriage, the issue of dowry —commonly referred to as jahez in cultural terms and mahr (dower) in Islamic law—is one of the most debated subjects. When a man enters into a second marriage, questions often arise about whether this subsequent union has any impact on the dowry rights of either his first wife or the second. Understanding the impact requires differentiating between two distinct concepts: Mahr (dower) , which is a mandatory right of a wife under Islamic law, and dowry (jahez) , which is a cultural practice of gifts given by the bride’s family. Both of these may become contested issues in situations of polygamy or second marriage. 1. Mahr (Dower) in Islamic and Pakistani Law Mahr, or dower, is an amount of money or property that the husband is obligated to give his wife at the time of marriage. It can...
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What social problems arise due to unapproved second marriages?

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In      Permission of Second Marriage in Pakistan    are permitted under Islamic law but are regulated under the Muslim Family Laws Ordinance, 1961 , particularly Section 6. This section mandates that a man must obtain written permission from his first wife and the Arbitration Council before contracting a second marriage. When men bypass this legal requirement and enter into unapproved second marriages , it creates a host of social, emotional, legal, and economic problems —not only for the families involved but also for society at large. 1. Family Breakdown and Domestic Conflict One of the most immediate consequences of unapproved second marriages is domestic strife . The first wife, often unaware or misled, experiences betrayal and emotional trauma upon discovering the new marriage. This leads to marital discord , arguments, mistrust, and often results in separation or divorce. Children from the first marriage are deeply affected by the sudden breakdown of t...
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Can the second wife claim maintenance?

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In    Permission of Second Marriage in Pakistan    the question of whether a second wife can claim maintenance (financial support) from her husband often arises in cases involving polygamy, marital disputes, and property division. Maintenance is a husband’s legal and moral obligation to provide for his wife’s basic needs, including food, clothing, shelter, and medical care. However, whether a second wife is entitled to maintenance depends on various factors, including the legality of the marriage, compliance with procedural requirements under Pakistani law, and the circumstances of the relationship. 1. Legal Basis for Maintenance Under Islamic law and Pakistani family law , a husband must maintain his wife as long as the marriage is valid and the wife is fulfilling her marital obligations. This duty is derived from: Quranic injunctions , which require husbands to provide for their wives according to their means. Muslim Family Laws Ordinance (MFLO), 1961 , w...
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How Second Marriage Affects the First Wife in Pakistan?

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In   Permission of Second Marriage in Pakistan  the subject of second marriage is both culturally sensitive and legally complex. While Islam permits a man to marry up to four wives under specific conditions, Pakistani law imposes regulations to ensure justice and fairness, especially toward the first wife. The impact of a husband’s second marriage on the first wife can be emotional, social, legal, and financial. Understanding these effects requires an examination of both the legal framework and the societal dynamics in which such marriages occur. Legal Context of Second Marriage in Pakistan Under Muslim Family Laws Ordinance, 1961 , a man is legally required to obtain written permission from the Arbitration Council before entering into a second marriage, even if the first wife consents. This rule aims to protect the rights and dignity of the first wife by ensuring transparency and fair treatment. If a man contracts a second marriage without fulfilling these legal requirem...
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Understanding Section 6 of Muslim Family Laws Ordinance?

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  Understanding Section 6 of the Muslim Family Laws Ordinance, 1961 The    Permission of Second Marriage in Pakistan   Muslim Family Laws Ordinance (MFLO), 1961 is a landmark piece of legislation in Pakistan that governs matters related to Muslim marriage, divorce, maintenance, inheritance, and family structures. One of the most critical and frequently debated provisions of this ordinance is Section 6 , which addresses restrictions on polygamy , i.e., a man marrying more than one wife while his previous marriage remains subsisting. Section 6 was introduced to regulate polygamous marriages in Pakistan by ensuring that they are not entered into arbitrarily or without due process. It aims to protect the rights of the first wife and provide legal safeguards against unjust treatment of women in polygamous arrangements. 📜 Text of Section 6 of the MFLO, 1961 Section 6 – Polygamy (1) No man, during the subsistence of an existing marriage, shall, except with the p...
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Court Permission for Second Marriage in Pakistan?

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  Court Permission for Second Marriage in Pakistan In   Permission of Second Marriage in Pakistan  is governed primarily by Islamic law and codified under statutes such as the Muslim Family Laws Ordinance, 1961 . While Islam allows a man to have up to four wives at a time under specific conditions, Pakistani law places legal checks on this right to prevent misuse and to protect the rights of existing spouses. One of the most important legal requirements in this context is obtaining court or Union Council permission for contracting a second marriage . Failure to follow this procedure can result in penalties and even imprisonment. This article explains the legal process, requirements, and consequences of obtaining (or not obtaining) court permission for a second marriage in Pakistan. Legal Basis: Muslim Family Laws Ordinance, 1961 The Muslim Family Laws Ordinance, 1961 , particularly Section 6 , governs the law regarding polygamy. It stipulates that a man must obtain p...
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