Marriage, one among many aspects of the lives of Muslims is governed by the Islamic law known as Sharia. Amongst the very many issues that make up a marriage in Islam is the possibility of marrying more than one wife at a time by a man. Nevertheless, this does not happen without conditions or restrictions. To understand the legality of second marriage under Islamic Law is therefore vital for Muslims as well as legal practitioners and scholars to grapple with this intricate issue. This article will go into some depth on second marriages under Muslim law including religious, legal and ethical perspectives and frequently asked questions (FAQs) about it.
Polygamy from an Islamic Perspective
Though permitted in Islam, polygamy is neither obligatory nor recommended. Quran allows men to be married to up to four women at the same time provided they are treated equally and fairly.
Quranic Verses Related to Polygamy
Surah An-Nisa verse 3 serves as the main verse in Quran that touches on polygamy:
If you think that you will not do what is right by orphan girls in case of fear, marry whatever women please you, two or three or four. However, if you fear that you shall be unable to deal justly (with them), then marry only one or any of your slaves’ wives, which is the right thing to avoid inclining (to injustice). This verse highlights the importance of justice and fairness in polygamous marriages. A man who thinks he would not manage to treat all his wives uniformly is encouraged to get married to just one.
Conditions for Polygamy in Islam
- Equal Treatment:
Equality must be observed when it comes to a man catering for the needs of each wife financially, on an emotional level as well as regarding time spent with every woman.
- Financial Capability:
A man should have enough money to support more than one wife; each wife should live independently and her maintenance allowance should be at his level.
- Intention:
Marriages with several wives should be based on legitimate grounds such as taking care of a widow or because it is beneficial for families.
Legal Framework for Second Marriage Under Islamic Law
In India, the Muslim Personal Law (Shariat) Application Act, 1937, governs marriage, divorce and other personal matters of Muslims. In line with this law a man who is a Muslim can marry more than one woman without obtaining his initial wive’s consent or any legal permission.
Registration of Muslim Marriages
Islamic marriages are majorly governed by religious laws in India but registering them gives legal weight to such unions. There are some states where registration of Muslim marriages including second marriages can be done under the Muslim Marriage Act. However, in Islam registration is not compulsory although it is advisable for legal reasons.
Polygamy and the Indian Penal Code (IPC)
Bigamy under The Indian Penal Code is regarded as a crime and serving jail sentences is penalty to those found guilty. This however does not apply to Muslims since they have their own personal law which allows polygamy among them. Consequently, according to IPC a Muslim man can have more than one lawful wife without getting prosecuted for breaking any criminal code.
First Woman’s Rights in Islam Marriage
Even if the husband decides to take another wife, there are certain rights that must be observed for Muslim first wives.
Right to Alimony
The first wife has an entitlement of alimony which means financial support towards her and her children; he cannot abandon his duty toward the first wife in preference of the second one.
Right to Mahr Dowry
Irrespective of the husband marrying another woman, his initial marriage wife still has a right to receive her Mahr.
Right to Divorce
When a husband marries another woman, his first wife can request for divorce if she does not agree with him. Under Islamic law, Khula (the wife’s initiation of divorce) or judicial divorce is relied upon by women who think that they are being oppressed and their interests have been violated.
Right to Equal Treatment
The first wife should be treated equally and justly by her husband. In terms of finances, emotional support or time spent together, it would be wrong for the husband to favor the second wife over the first one.
Effect of Second Marriage on the First Wife
The first wife’s decision to remarry can have a major impact on her emotions, finances and social status.
Emotional Outcomes
The emotional impact of a second marriage upon the first wife could be deep felt. This often leads to marital conflicts due to jealousy, insecurity and betrayal. It is critical for the husband to communicate openly with his first wife in order to address her concerns so as to keep the marriage harmonious.
Financial Outcomes
A second marriage may disrupt financial resources available for the first wife and her children. There should be no compromise let by husband on financial needs of his estranged spouse.
Social Outcomes
In some cultures, having more than one wife has negative social consequences such that it leads ostracism of other wives in community. The husband must think about these social aspects before making his final decision and how this will affect his previous but still current wife.
The second wife’s rights
The same way first wives, second wives in a Muslim marriage have specific privileges, which must be upheld.
Right to Maintenance
Similar to the first wife, the husband is responsible for maintaining his second wife. This means that the husband has to take care of her financial needs such as shelter, food and clothing.
Right to Dower (Mahr)
At marriage time, a man must pay his wife known as dower (Mahr). The amount of Mahr is usually agreed upon before the marriage.
Right to Equality
Just like a first wife, a second wife also has the right to equal treatment. The husbands must fairly distribute their times, materials and emotions between their two wives.
Legal Recourse for Wives in Case of Neglect or Injustice
Under Islamic Law if a husband fails to fulfill his duties towards his wives or neglects/mistreats them then the wives have legal recourse.
Seeking Khula (Divorce Initiated by Wife)
When unhappy or being mistreated by their husbands and the latter do not treat them well enough, a woman can apply for Khula from her husband who must agree with this decision before it can be confirmed as divorce after which if he refuses judicial intervention can be sought by her.
Filing for Judicial Divorce
In Dissolution of Muslim Marriages Act 1939, a Muslim woman can file for an application for judicial divorce upon specified grounds such as cruelty, desertion or failure to provide maintenance. This is in case the court finds wife’s allegations true and valid.
Approaching Family Court
Wives can also approach the family court for issues related to maintenance, custody of children, or any other marital disputes. The family court has jurisdiction to hear and determine all matrimonial matters affecting women.
FAQs on Second Marriage under Muslim Law
Q1. Is the first wife’s consent necessary before a second marriage in Islam?
A1. In Islamic law, no requirement exists where by it is mandatory for a husband who wants to get married another time to obtain permission from his existing first spouse legally. Nevertheless, it is advisable that the husband shares his intentions with his first wife so that she remains peaceful within her marriage.
Q2. Can a Muslim woman have more than one husband under Muslim law?
A2. No, in Islamic law, a woman cannot be married to more than one man simultaneously; hence polygamy is exclusively allowed only for men.
Q3. What if a husband does not give equal treatment to his wives?
A3: An affected wife may seek redress from the court and may institute Khula or judicial divorce. The court can intervene to protect the rights of the wife.
Q4. Is it compulsory for one to register a second marriage under Muslim law?
A4. Although registration is optional under Muslim law, it is recommended that the couple registers their marriage to avoid legal ambiguities in future.
Q5. Can a husband be charged with criminal offense of bigamy when he contracts a second marriage in terms of Muslim law?
A5. No, bigamy is recognized by Indian Penal Code as an offence, but it does not apply to Muslim men who are allowed more than one wife.
Q6. In case her husband marries another woman, can the first wife ask for divorce?
A6. Yes, once she is unhappy about her partner’s decision to marry a new person, she can make an application for Khula or alternatively file for judicial divorce based on specific grounds.
Q7. Does the second wife have similar legal rights with the first wife?
A7. Yes, both have equal legal rights such as maintenance expenses, dower (Mahr), and equality of treatment.
Q8. Can a Muslim man marry as his second wife a non-muslim woman?
A8. According to Islamic law, a muslim man can take as his second wife, a non-muslim woman from the “People of the Book” (i.e. Christians and Jews). It is important to consult with a legal expert who will be able to explain all the implications and requirements for such marriages, however.
Q9. What happens in law if a husband marries a second time yet neglects his first wife?
A9. If he does not attend to the needs of his first wife