Allahabad High Court Says 'Muslims Can Have Multiple Wives If...'

Last Updated:May 15, 2025, 11:05 IST

The Allahabad HC ruled that a Muslim antheral tin wed much than erstwhile nether Mohammedan law. Bigamy charges use if his archetypal matrimony was nether different idiosyncratic laws oregon declared void.

A representative, AI-generated representation for a Muslim matrimony (News18)

A Muslim antheral tin wed much than erstwhile if his marriages are conducted nether the Mohammedan law, the Allahabad High Court has ruled. The tribunal besides said that the man, successful specified a case, would pull the offence of bigamy if the archetypal matrimony had been declared void, Bar and Bench reported.

The order, by Justice Arun Kumar Singh Deshwal, stated that the offence volition besides beryllium attracted if the archetypal matrimony was performed nether the Special Marriage Act, Foreign Marriage Act, Christian Marriage Act, Parsi Marriage and Divorce Act, oregon the Hindu Marriage Act, and the antheral performs a 2nd matrimony arsenic per the Mohammedan law, aft conversion to Islam.

The ruling came portion the tribunal was proceeding a plea filed by a man, who identified himself arsenic Furkan.

He sought quashing of the chargesheet and lawsuit registered against him for offences of bigamy and rape, among others.

A lawsuit against him was filed aft his woman alleged that his archetypal matrimony was not disclosed to her astatine the clip of their wedding. However, Furkan argued that the Muslim instrumentality allows him to wed 4 times.

Following the hearing, the tribunal held that offence of bigamy and rape are not attracted against the accused due to the fact that the matrimony is valid successful this case. The court, however, said the substance required much consideration.

“The household tribunal has besides jurisdiction u/s 7 of the Family Court Act to determine the validity of a Muslim matrimony performed successful accordance with the Muslim Personal Law," the Bench held.

The tribunal observed that spiritual liberty nether Article 25 of the Constitution of India is not unfettered.

“This tribunal would further similar to observe that Article 25 of the Constitution of India gives spiritual state to profess, signifier and propagate, which besides includes outer overt acts of idiosyncratic arsenic per his spiritual faith, but this close is taxable to nationalist order, morality and wellness and different provisions of Part-III of the Constitution. Therefore, spiritual liberty nether Article 25 is not unfettered and tin beryllium regulated by the State," it stated.

The tribunal stressed that the Quran allows polygamy for a just reason, but men person utilized it for selfish purposes.

Justice Deshwal said polygamy finds notation successful the scripture lone once, and determination is simply a humanities crushed wherefore it was allowed.

“There was a clip successful past erstwhile a ample fig of women were widowed, and children were orphaned successful primitive tribal tussles successful Arab. The Muslims suffered dense casualties successful defending the nascent Islamic assemblage successful Medina. It was nether specified circumstances that the Quran allowed conditional polygamy to support orphans and their mothers from exploitation," the seat observed.

It said that polygamy successful the beatified publication is conditional.

“It is wide that the Quran asks men archetypal see taking attraction of the orphans and lone erstwhile they deliberation they whitethorn not beryllium capable to bash justness to the orphans’ interests portion staying successful isolation, should they see marrying their widowed mothers, connected the information that the caller household would beryllium dealt with justly connected par with the existing one," the tribunal said.

Noting the misuse of the liberty, the tribunal said that the enactment of a azygous civilian codification indispensable beryllium considered by the legislature.

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