How can we do a second marriage in Pakistan?

 Permission of Second Marriage in Pakistan are regulated by Islamic law, local customs, and national legislation, making the process both straightforward and complex depending on individual circumstances. The process involves adhering to various religious, legal, and cultural protocols, as well as addressing personal and familial concerns. While Islam allows men to marry up to four wives simultaneously, under specific conditions, the laws of Pakistan require strict legal procedures to ensure fairness and justice for all parties involved. This article explores the legal, religious, and social aspects of second marriages in Pakistan.

Religious Context of Second Marriage in Islam

Islam allows men to marry multiple wives, but with strict conditions. The Holy Quran states, "…then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one…" (Surah An-Nisa 4:3). This verse makes it clear that justice between spouses is a precondition for polygamy. A man must be able to provide equally and fairly for each of his wives in terms of financial support, time, and emotional care.

The Prophet Muhammad (PBUH) also emphasized the importance of justice in multiple marriages, warning that those who fail to treat their wives equally will face consequences on the Day of Judgment. This underscores the fact that second marriages are not a casual or automatic right but are contingent upon strict ethical and moral obligations.

Legal Framework of Second Marriage in Pakistan

The legal system in Pakistan, while rooted in Islamic principles, incorporates various additional laws and regulations regarding second marriages. The most important law governing second marriages is the Muslim Family Laws Ordinance (1961). Under this ordinance, a man is required to obtain written permission from his first wife before marrying a second time.

This law requires a man to apply to the local Arbitration Council to seek permission for a second marriage. The council assesses the situation, often considering the financial status of the man and the reasons for seeking a second wife. The first wife's consent is a pivotal factor in this process, though exceptions exist. If the Arbitration Council deems the reasons for the second marriage to be valid, it can grant permission even without the first wife’s consent. However, failure to obtain either the first wife’s consent or the Arbitration Council's approval may result in legal penalties, including fines and imprisonment.

Steps to Legally Enter into a Second Marriage

1. Application to Arbitration Council: A man intending to marry a second wife must apply to the local Arbitration Council. He must provide reasons for his intention and prove that he can fulfill his financial and ethical obligations towards both spouses.

2. Consent of the First Wife: Written consent from the first wife is a key component. However, if she does not give her consent, the Arbitration Council may still decide the matter based on the merits of the case.

3. Hearing by the Arbitration Council: The Arbitration Council will conduct hearings where both the husband and wife(s) can present their arguments. This process ensures that the decision is made in the best interest of all involved.

4. Marriage Registration: Once permission is granted, the second marriage can be legally solemnized. The Nikah Nama (marriage contract) must be registered with the local Union Council to formalize the marriage.

Failure to follow these procedures can have severe consequences. A man who marries without following the proper legal channels can face legal action, including imprisonment of up to one year and/or a fine under the Muslim Family Laws Ordinance (1961). Additionally, the second marriage may not be considered valid in the eyes of the law.

Social and Cultural Considerations

While the legal and religious procedures for second marriages are clearly defined, the cultural and social attitudes towards polygamy in Pakistan are varied. Although Islam permits multiple marriages, cultural norms in many parts of Pakistan lean towards monogamy, and second marriages can often lead to familial disputes and social ostracism.

In many cases, Permission of Second Marriage in Lahore the first wife and her family may strongly oppose the idea of a second marriage, viewing it as a form of betrayal. Even if the man follows all legal and religious protocols, the emotional and psychological impact on the first wife and children can be significant. Consequently, many men who wish to marry a second time may face significant resistance not only from their wives but also from their extended families and communities.

In rural areas or conservative families, second marriages may be more culturally accepted. However, in urban and educated circles, the idea of polygamy is often viewed as antiquated and unjust, especially when the first marriage is healthy and functional.

Women and Second Marriage

In contrast to men, women in Pakistan can only remarry after divorce or the death of their spouse. A woman who has been divorced or widowed can enter into a second marriage, but she must ensure that her iddah (waiting period) is complete. The iddah for a widow is four months and ten days, while for a divorced woman, it lasts three menstrual cycles. During this period, she cannot remarry.

Conclusion

Second marriages in Pakistan are permissible under Islamic law but are subject to strict legal procedures to ensure fairness and justice. The process involves seeking the consent of the first wife, applying to the Arbitration Council, and adhering to various ethical and financial responsibilities. While second marriages are legal, they are often socially contentious and can lead to familial and societal challenges. For any man considering a second marriage, it is essential to approach the decision with responsibility, fairness, and a deep understanding of both the religious and legal obligations involved.