SC makes it obligatory for Pakistani men to take first wife's permission before second marriage

On Wednesday, the Supreme Court of Pakistan made a landmark ruling on second marriages without consent. It was decided that:

A man must pay the full amount of dower (Haq Mehar), agreed on the day of nikkah, to the first wife if he enters a second marriage without his first wife\\’s consent.

The significant ruling came after the case of a Muhammad Jameel from Peshawar. Reports state that Muhammad Jameel had entered into a second marriage without his first wife\\’s consent. Therefore, he negated the previously-set second marriage law.

Following this, Muhammad Jameel\\’s wife filed a suit in the Peshawar High Court (PHC). The court came to a judgment in the wife\\’s favor and directed Jameel to pay the full amount of dower (whether prompt or deferred) as agreed at the time of marriage.

Muhammad Jameel was not satisfied with the verdict. He took to the Supreme Court to file a case against the PHC\\’s ruling. Jameel claimed that the PHC\\’s decision was against the Shariah.

At the Supreme Court, Muhammad Jameel\\’s petition was heard by a two-member bench comprising Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Atta Bandial.

However, to Muhammad Jameel\\’s disappointment, the bench upheld the PHC\\’s decision and subsequently set Jameel\\’s appeal aside. During the hearing, Justice Mazahar remarked Section 6 of the Muslim Family Law Ordinance, 1961, related to the Islamic teachings and said:

Any man who contracts another marriage without the Arbitration Council\\’s permission shall pay the entire amount of dower immediately, whether prompt or deferred, due to the existing wife or wives which amount. If not paid shall be recoverable as arrears of land revenue.

Women\\’s rights activists applauded the ruling. Chair of the Punjab Commission on the Status of Women, Fauzia Viqar, welcomed the verdict and said:

The decision sets an important precedent. It will discourage polygamy and encourage women to take up their case with the courts. It will create awareness among people, in general, and women, in particular. This law will empower wronged women.

The Supreme Court observed:

The law requiring permission from the first wife before a second marriage was aimed at making the society operate better. Its violation may lead to many problems.

What are your thoughts on this? Please share with us in the comment section below.

  • A man must pay the full amount of dower (Haq Mehar), agreed on the day of nikkah, to the first wife if he enters a second marriage without his first wife’s consent.

    So need to pay dowry if he doesn’t enter into a second marriage? What kind of laws these idiots make in name of Shariah

  • Very well decision by court. Completely agree with this verdivt and must be implemented forcefully. And molana na aur dosra tatto jo video me hy, chunkh mard ke hath se game nikal rhi hy airat se khelna. So molana aur tatto teri cosmelun.

  • Court ne asa kuch nahi kaha is baat ka rukh dusri taraf mor k tazaad na bnaya jaye… court ne kaha ha k agar mard dusri shadi karta ha to foran pehli biwi ko uski haq mahar ki raqam ada kare.. jo k hamare muashre ma aksar haq mahar ki raqam ada nahi ki jati ya aksar muaf krwa li jati ha (muajal) (ghair-muajal) .. court ne asa kahin nahi likha k mard ijazat le ya uski ijazat k bghair dusri shadi nahi kr skta!!

  • Its totally against Shariah, the system is an agent of Taghoot hence it will never let Islamic Shariah lead…

    Further agar Molvi sb main itna dum nhi ha ke baat seedhi or 2 tok kr sakein tu TV pr aane ki kya zarorat thi?

  • Lol. . . Fucin** decision in the name of woman Right or make her empower… These *MC judges didn’t see the fahashi spreading from electronic media and other sources. . . . Go and observe the country wide coeducation schools colleges universities where u can have 2-3 GFs @the same time

  • It’s good to take permission from first wife, and than make it second one.thanks

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