Understanding Section 6 of Muslim Family Laws Ordinance?

 

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 prior permission in writing of the Arbitration Council, contract another marriage, nor shall such permission be granted unless the Council is satisfied that the proposed marriage is necessary and just.

(2) An application for permission shall be submitted to the Chairman of the Union Council and shall state the reasons for the proposed marriage, along with whether the consent of the existing wife or wives has been obtained.

(3) On receipt of the application, the Chairman shall constitute an Arbitration Council to decide the matter, and the existing wife or wives shall be given notice.

(4) If a man contracts another marriage without obtaining the permission of the Arbitration Council, he shall:

  • Pay the entire prompt dower to the existing wife or wives immediately, and

  • Be liable to punishment with imprisonment up to one year, or a fine up to Rs. 500,000, or both.

✅ Key Elements of Section 6

1. Prohibition Without Permission

A Muslim man cannot legally marry a second wife while still married to the first unless he first obtains permission in writing from the Arbitration Council through the Union Council.

2. Application Process

To marry again, a man must:

  • File an application with the Chairman of the Union Council.

  • Clearly mention the reasons for his intention to contract a second marriage.

  • Declare whether the consent of his existing wife or wives has been obtained.

3. Arbitration Council’s Role

After receiving the application:

  • The Chairman forms an Arbitration Council, typically including representatives of the husband and wife.

  • The Council evaluates whether the proposed marriage is “necessary and just.”

  • The wife has a right to respond to the application and state her case.

🔍 What Does "Necessary and Just" Mean?

The terms "necessary and just" are not strictly defined in the law, which gives the Arbitration Council discretion to interpret them. However, Pakistani courts have provided guidance in various judgments, stating that the second marriage must be based on genuine necessity, such as:

  • The wife is terminally ill or infertile.

  • There are irreconcilable differences, and divorce is not sought.

  • There are religious, social, or familial obligations.

However, personal desire, lust, or vague reasons are not considered valid grounds.

⚖️ Consequences of Violating Section 6

1. Criminal Penalty

If a man marries again without the Council’s permission:

  • He may be punished with up to one year of imprisonment, or

  • A fine of up to Rs. 500,000, or both.

2. Immediate Dower Payment

The man must pay the entire dower (mehr) amount due to his existing wife or wives.

3. Marriage Still Valid

Importantly, the second marriage is not invalid (batil) under Islamic or Pakistani law, but the husband is penalized for violating the procedure. The second wife is still considered legally married, but the first wife gains grounds for divorce under Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939, if she did not consent.

👩‍⚖️ Legal Precedents

Permission for Second Marriage in Pakistani courts have ruled consistently in favor of upholding Section 6:

  • In Khalid Mehmood v. State, the Lahore High Court reaffirmed that second marriage without permission, even with the wife’s verbal consent, is punishable.

  • In Shahida v. State, the court emphasized that the Arbitration Council must record why the marriage is "necessary and just."

These rulings highlight the protective intent of the law: to balance religious rights with social justice for women.

👩‍👧‍👦 Protection for the First Wife

Section 6 serves as a protection mechanism for the first wife by:

  • Ensuring she is not blindsided by a second marriage.

  • Granting her the right to participate in the decision-making process.

  • Giving her grounds to seek divorce or maintenance if her rights are violated.

🤝 Importance of Legal Compliance



Section 6 underscores the principle that while Islam allows polygamy, it is not unconditional. The Pakistani legal system aims to ensure that second marriages are not based on whim or abuse of religious freedom, but rather on legitimate social and moral grounds.

Men must understand that bypassing the legal procedure:

  • Can lead to criminal prosecution.

  • Creates grounds for legal retaliation from the first wife.

  • Complicates family relationships, inheritance, and children's legitimacy.

📝 Conclusion

Section 6 of the Muslim Family Laws Ordinance, 1961, is a progressive attempt by Pakistani lawmakers to regulate polygamy by making it conditional upon just cause, transparency, and the consent of existing spouses. It does not prohibit polygamy but places it within a legal and ethical framework aimed at protecting women's rights and ensuring fairness in marital relationships.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.

It is essential for men to comply with this provision not just to avoid penalties, but to ensure justice and mutual respect within their families. Understanding and observing Section 6 promotes responsible marital conduct, legal integrity, and social harmony in a society where family is central to community life.

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