People react as Arbitration Council’s permission declared necessary for second marriage
Even if the husband has prior permission from the first wife, arbitration council's permission will now be necessary for second marriage.
- In a historic decision, Islamabad High Court (IHC) declares the Arbitration Council’s permission necessary for second marriage.
- It will be mandatory even if the husband has prior permission from the first wife.
- IHC’s Chief Justice Athar Minallah issued a 12-page written sentence on Sunday.
The Islamabad High Court declared the permission from the arbitration council mandatory for second marriage on Sunday in a historic decision. The permission will be necessary even if the husband prior permission from his wife.
IHC’s Chief Justice Athar Minallah issued a 12-page written sentence, making the permission necessary, irking the religious groups.
“A man who intends to contract another marriage during the subsistence of an existing marriage has to observe the procedure and fulfill the conditions prescribed by the legislature otherwise the consequences of imprisonment or fine or both could ensue,” the court said.
Previously, only permission from the first wife was mandatory. The Muslim Family Laws Ordinance, 1961 states that “during the subsistence of an existing marriage, no man shall contract another marriage except with the previous permission in writing of the arbitration council.”
The court was hearing a case of a Kashmiri citizen Liaquat Ali Mir’s acquittal. It ruled that in the light of Muslim Family Laws Ordinance, 1961, the said man was liable to punishment and fine.
“The factors required to be taken into consideration by the Arbitration Council in granting permission for contracting a subsequent marriage have been prescribed in subsections (2), (3) and (4) of section 6 of the Ordinance of 1961.”
“A husband who contracts another marriage during the subsistence of an earlier one in contravention of the provisions of the Ordinance of 1961 definitely exposes himself of the risk of being imprisoned or fined or to both,” IHC ruled, making it mandatory to get permission from the Arbitration Council for an already married man before proceeding for a second marriage.
People have reacted to the decision in a conflicting manner. While some view it as positive as it guards women rights where Pakistan already stands in the bottom ranking, the majority views it against the Islamic teaching.
This ruling/judgement is against Islamic Sharia..
And Islamic Sharia council, Federal Sharia Courts Must come in action to disown any law/rule/judgement which is against Islamic Sharia Law…
— Shukri Rehman (@ShukriRehman) June 24, 2019
Teach men how to mntain equality. Single marige has frcd men to 've grlfrnd & wife side by side bcz he's nt alowd to marry again to keep it halal, bcz let's jst admt da fact, men can nvr be stsfid wth 1 woman, if it wouldn't be this way Allah wouldn't 've alowd more thn 1 mariges
— Maryam Khan Niazi (@poisonhere) June 24, 2019
Nikah ko mushkil bna k Ap ksi r burai ko perwan chrhana chahty hain?
— MohammadAbubakrMalik (@MAbubakrM) June 24, 2019
پہلی بیوی سے اجازت کے ساتھ اب مصالحتی کونسل کی اجازت بھی لازم۔ اسلام آباد ہائیکورٹ کا فیصلہ..
یہ غیر اسلامی قانون سازی ھے۔۔۔
اور بلاوجہ مسلمانوں کو بھڑکانے والی بات بھی۔
اللہ نے تو ایسی کوی پابندی نھیں لگای۔
نکاح مشکل کرتے جاؤ تاکہ زنا آسان ھو جاے۔۔۔
— Hassan Abbasi (@HusNulMaaab) June 24, 2019
How would the council ensure/determine/judge that a man will do justice? Specially emotional justice. Brother emotions can never be equal for two different people. Even rasoolullah saww loved hazrat ayesha r.a more than other wives. 1/2
— Khadeeja Meharunnisa (@Khadeej38491725) June 24, 2019
I am not sure whether you’ll read my comment or not but I am writing. Finally, someone is advocating and addressing this serious issue.And voicing for truth, may truth prevails. Thank you Hamza for this, much needed awareness for those who are misguiding people.
— Saima Aslam Awan (@Saimezeblue) June 24, 2019
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