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.

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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.”


Also See: Marital Rape – Is It A Crime In Pakistani Law?


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 react:

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.

What are your views on this? Shre with us in the comments bar below.

 

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