What Does the Law Say About Second Marriage in Pakistan?
Permission of Second Marriage in Pakistan is a deeply rooted institution in Pakistani society, governed by a mix of religious principles and codified civil laws. While Islam permits a Muslim man to marry up to four wives under specific conditions, the state has introduced legal regulations to control the practice. In Pakistan, second marriage is legally allowed for Muslim men, but it is subject to strict legal requirements. For women, second marriage is allowed only after divorce or death of the first husband, and there are no provisions for polygamy.
This essay examines the legal provisions, procedures, and implications related to second marriage in Pakistan under Islamic and statutory laws, as well as the penalties for non-compliance.
Legal Framework Governing Second Marriage
In Pakistan, second marriages are regulated under the following laws:
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Muslim Family Laws Ordinance, 1961 (MFLO)
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Family Courts Act, 1964
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Pakistan Penal Code (PPC), 1860 (for punishment of violations)
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Personal religious laws for non-Muslims (such as Christians or Hindus)
Second Marriage for Muslim Men
Islam allows a Muslim man to marry up to four wives at a time, provided he treats them with justice and equality. However, to prevent abuse and protect the rights of the existing wife or wives, Pakistani law has placed procedural conditions on contracting a second marriage.
Section 6 of the Muslim Family Laws Ordinance, 1961
This is the most relevant provision that regulates second marriage. It states:
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A man must obtain written permission from the Union Council before contracting a second marriage.
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He must submit a written application to the Chairman of the Union Council, stating the reasons for the proposed marriage and whether consent of the existing wife (or wives) has been obtained.
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The Chairman then forms an Arbitration Council, which includes representatives of both husband and wife, to assess the application.
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If the council finds that the proposed marriage is necessary and just, it may grant permission.
Failure to Obtain Permission
If a man marries again without obtaining permission from the Union Council, the second marriage is not considered illegal or void, but it is a punishable offense. Under Section 6(5) of the MFLO and Section 494 of the Pakistan Penal Code, the consequences include:
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Imprisonment up to 1 year
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Fine up to Rs. 500,000
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The husband becomes liable for prompt payment of full dower (haq mehr) to the existing wife
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The first wife may also file for divorce on grounds of cruelty
Pakistani courts have upheld these provisions in various rulings, emphasizing that legal compliance is essential even in matters permitted by religion.
Second Marriage for Muslim Women
A Muslim woman in Pakistan is not allowed to marry more than one man at a time. She may only enter into a second marriage after obtaining a divorce decree (Talaq or Khula) or if her first husband passes away.
Before remarrying, a woman must also complete the mandatory Iddat period, which is:
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Three menstrual cycles after divorce (or three months if not menstruating)
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Four months and ten days after the death of the husband
A woman who marries during the Iddat period commits an unlawful act, and the marriage may be invalidated by the court.
Second Marriage Among Non-Muslims
For non-Muslim citizens of Pakistan, marriage is governed by personal laws, such as:
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Christian Marriage Act, 1872
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Hindu Marriage Act, 2017
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Sikh Marriage Ordinance, 2008 (Punjab)
These laws do not allow polygamy. For example, a Christian man or woman cannot remarry without legally dissolving the previous marriage. Bigamy is a punishable offense under Section 494 of the Pakistan Penal Code and can lead to imprisonment and fines.
Judicial Interpretations
Permission for Second Marriage in Lahore courts have consistently upheld the mandatory nature of permission from the Union Council. In multiple cases, the courts have ruled that:
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Permission is not a mere formality but a legal requirement
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Second marriage without consent is cruelty toward the first wife and is valid ground for dissolution of marriage
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The law does not contradict Islamic principles, as it regulates rather than prohibits polygamy
Social and Ethical Considerations
While the law permits second marriages under certain conditions, they are often socially and emotionally complex. Many families, especially in urban areas, consider second marriages as a betrayal unless they are necessitated by legitimate reasons such as infertility or illness. Women’s organizations have long demanded stricter enforcement of the law and greater protection for the rights of first wives.
Conclusion
In summary, the Pakistani legal system allows second marriage for Muslim men but under strict legal conditions, including prior permission from the Union Council. Failure to comply is a punishable offense. For women and non-Muslims, second marriage is only allowed after legal dissolution or death of the previous spouse, and polygamy is prohibited.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.
The law strikes a balance between religious permissibility and legal regulation, ensuring that polygamous marriages are not entered into lightly or unfairly. However, greater enforcement and public awareness are still needed to ensure that the rights of spouses, particularly women, are protected in such cases.
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