Law requiring first wife’s permission for second marriage challenged

The law requiring permission from the first wife for a second marriage has been challenged in the Federal Shariat Court in Lahore.

In the petition, the Ministry of Law, the Council of Islamic Ideology, and others have been made respondents. It has been argued that the law requiring permission from the first wife for a second marriage is against Islam.

The petition asserts that according to the Constitution, no law can be made that is contrary to Islamic principles, and any law deemed un-Islamic can be challenged in the Federal Shariat Court.

The petition further states that research indicates that there are ten million women over the age of 35 awaiting marriage. The court is requested to declare the law requiring the first wife's permission for a second marriage as un-Islamic and annul it.The petition also references various Islamic texts, including Sunan Ibn Maja 1849 (book 9 Hadith 5), to support the argument that a man can marry additional wives without the mandatory consent of the first wife.

"The impugned legislation is against the injunctions of Islam and our moral values and, therefore, should be abrogated," the counsels argued. They criticised parliamentarians for not considering the legislative practices of other Islamic countries or the writings of Muslim scholars when passing the ordinance.

The petition quotes Sheikh MS Al-Munajjid, a prominent Saudi Muslim lecturer and author, who has stated, "If a man is able to take a second wife, physically and financially, and he can treat both wives in a just manner, he is allowed to do so according to Islam."