The concept of contracting a second marriage seems really intriguing to men. Whether or not they’re Islamic in other matters when it comes to a second marriage “Islam allows it” is what they say. Well, Islam does allow it but only if you take permission from your first wife. And that is the detail most often overlook.
Not only Islam but Pakistani law also protects this right of the first wife. According to the law, a man cannot get married without permission from his first wife.
3 grooms in Gujrat took this law for granted and did second marriage without permission. Hence, their wives filed a petition against them. The grooms eventually ended up with 1-year imprisonment and Rs100,000 fine each. A local court awarded the prison terms to the grooms.
These men were identified as Idrees, Altaf, and Tariq.
IHC Ruling Against Contracting Second Marriage Without Permission
In a landmark verdict, Islamabad High Court (IHC) ruled that it is mandatory that a person intending for a second marriage has to seek approval of the Arbitration Council before doing so.
This ruling was given by an IHC bench on the petition of a woman whose husband had contracting a second marriage without her permission. He was released of the charge which is why the woman challenged the sessions court’s verdict.
“Contracting second marriage without the council’s consent will be a punishable act,” said the ruling.
Ever since then many cases of second marriages have surfaced.
A similar case was observed in July where a man named Rashid was handed a fine and jail term for violating the law. His wife Ms. Shamim had filed a petition which was heard by the court of Judicial Magistrate Amanullah Bhatti. Ms. Shamim was unknown to the fact that her husband has contracted a second marriage. Rashid never sought her permission for it.
The petitioner pleaded that not only did her spouse betray her, he also broke the law of the country. She demanded legal action against Rashid. And hence, the court awarded the defined punishment to him.
Moreover, section 6 of the Muslim Family Law Ordinance 1961 also holds men accountable for contracting a second marriage without permission.