Is Verbal Consent Enough for a Second Marriage?

 Permission of Second Marriage in Pakistan ,is a legal and social contract that holds significant importance in societies around the world. In countries where Islamic law plays a central role in personal and family matters, such as Pakistan, marriage is not only a religious union but also a regulated legal contract. A key question that often arises in the context of polygamous marriages (where a man seeks to marry a second wife) is whether verbal consent of the first wife is sufficient for the legality of the second marriage. This essay explores the legal, religious, and social dimensions of this issue, particularly in the Pakistani context, to assess whether verbal consent is enough for a second marriage.

Legal Perspective in Pakistan

Under Pakistani law, particularly the Muslim Family Laws Ordinance, 1961, a man is permitted to contract a second marriage only under specific conditions. Section 6 of this ordinance stipulates that a man must obtain written permission from the Arbitration Council before entering into a second marriage. This legal requirement was introduced to regulate polygamous marriages and protect the rights of the first wife.

To initiate the process, the husband must submit an application to the Union Council, stating the reasons for seeking another marriage and whether the consent of the first wife has been obtained. The Union Council then forms an Arbitration Council comprising representatives of both parties. Only if the council is satisfied that the proposed marriage is just and necessary will it grant permission.

Importantly, if a man marries a second wife without obtaining this written permission, he can be punished with imprisonment of up to one year, a fine of up to Rs. 500,000, or both. Furthermore, the second marriage without proper authorization does not affect the legality of the marriage itself but constitutes a punishable offense.

Therefore, from a legal standpoint, verbal consent alone is not enough. Even if the first wife verbally agrees to the second marriage, this consent must be formally documented and submitted to the Union Council. The procedural requirement ensures transparency, prevents exploitation, and protects the interests of all parties involved.

Religious Perspective

From an Islamic point of view, polygamy is permitted, but with clear conditions. The Qur’an allows a man to marry up to four women, provided that he can treat them justly. However, justice is emphasized to such an extent that some scholars interpret this condition as a strong discouragement against polygamy unless it is absolutely necessary and fairness can be assured.

Islamic law does not require the permission of the first wife for a man to marry again, which is often cited by those who argue that verbal or even no consent should suffice. However, Islamic teachings also stress the importance of mutual respect, compassion, and fairness in marital relationships. Many scholars argue that informing the first wife and ensuring her psychological well-being is essential to uphold Islamic ethics, even if not strictly a legal requirement under Shariah.

In practice, Permission for a Second Marriage many Islamic jurists and scholars encourage men to consider the consequences of a second marriage seriously and advocate for obtaining consent—preferably written—to avoid conflict, protect family unity, and ensure ethical conduct.

Social and Ethical Considerations

In contemporary Pakistani society, the practice of second marriages without the knowledge or consent of the first wife is widely criticized. Women’s rights activists and civil society organizations argue that such marriages often lead to domestic discord, financial strain, and emotional trauma for the first wife and her children. The legal requirement for written permission is thus seen not only as a procedural formality but as a vital tool to uphold women's dignity and agency in marital relationships.

Furthermore, the increasing awareness of women's rights has led to a broader understanding that marriage decisions should be made with transparency and mutual agreement. In this context, verbal consent, which lacks documentation and is open to dispute, does not provide adequate protection for either party. Disagreements over whether verbal consent was genuinely given can lead to legal battles and emotional distress.

Conclusion

In conclusion, verbal consent is not enough for a second marriage in the legal framework of Pakistan. While Islamic law permits polygamy without explicitly requiring the first wife’s permission, Pakistani law mandates written consent and formal approval from the Arbitration Council. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.This legal requirement reflects an effort to balance religious permissibility with the protection of individual rights and societal harmony. Ethically and socially, it is advisable for men to seek transparent and documented consent to maintain fairness and respect within the family. Therefore, to comply with both legal standards and social responsibility, written permission—not just verbal consent—is essential for a second marriage in Pakistan.