Introduction
Second Marriage is a very sensitive topic in Pakistan. It’s a sensitive topic socially and legaly. This topic has different interpretation under paksitani law and muslim law.
It is governed primarily by Islamic jurisprudence and codified under Pakistani law through statutes like the Muslim Family Laws Ordinance, 1961, and the Pakistan Penal Code (PPC). While Islam permits a man to marry up to four wives under specific conditions, the state has imposed legal checks and procedural safeguards to protect the rights of existing spouses and to prevent abuse of this permission.
In this article, I will explain every aspect of second marriage law in Pakistan, including its Islamic foundation, statutory framework, court procedures, recent amendments, punishments, and commonly asked questions.
Whether you’re a lawyer, litigant, law student, or someone simply curious about this area of family law, this guide will provide clarity, context, and current legal insight.
Islamic Perspective on Polygamy
In Islam, a Muslim man is permitted to marry up to four women, provided that he can treat them equally and justly.
Qur’anic Reference: Surah An-Nisa (4:3)
“If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice—two, three, or four. But if you are afraid you will fail to maintain justice, then ˹content yourselves with˺ one1 or those ˹bondwomen˺ in your possession. This way you are less likely to commit injustice.”
However, Islam does not mandate polygamy—it allows it conditionally, emphasizing justice as the prerequisite. This concept is often misunderstood or misused in practice.
Statutory Framework Governing Second Marriage in Pakistan
The statutory regulation of second marriage in Pakistan is largely based on:
1. Muslim Family Laws Ordinance, 1961 (MFLO)
2. West Pakistan Rules under MFLO
3. Pakistan Penal Code (Section 498-B)
4. Recent Provincial Amendments
Let’s explore these laws in detail.
1. Muslim Family Laws Ordinance, 1961 (Section 6)
Section 6 – Restriction on Polygamy
Section 6 of the MFLO imposes procedural restrictions on a Muslim man intending to contract a second marriage.
Key Requirements:
- Written Permission from Arbitration Council (also known as Union Council)
- Disclosure of Reasons for wanting a second marriage
- Consent of First Wife/Wives
Procedure to Obtain Permission for Second Marriage
Here’s how the process works under MFLO and its Rules:
Step 1: Submit Application to Union Council
A man must submit a written application to the Chairman of the Union Council of his area, stating:
- Existing wife’s name
- Proposed second wife’s name
- Reasons for second marriage
Step 2: Union Council Forms an Arbitration Council
The Chairman forms an Arbitration Council consisting of:
- Himself
- A representative of the husband
- A representative of the existing wife
Step 3: Hearing and Decision
- The Council evaluates the husband’s reasons and circumstances.
- The existing wife’s opinion is recorded.
- The Council may approve or reject the request.
Without Union Council’s approval, the second marriage is illegal
under Pakistani law, even if religiously valid.
Consequences of Second Marriage Without Permission
Despite religious allowance, contracting a second marriage without legal permission leads to criminal consequences under Pakistani law.
🛑 Section 6(5) – MFLO
If a man marries again without permission:
- He shall be punishable with:
- Up to one year imprisonment
- Fine up to Rs. 500,000 (recently enhanced in some provinces)
- The marriage shall remain valid, but the husband becomes a criminal offender under this section.
2. Pakistan Penal Code (Section 494)
Added through an amendment, Section 494 of the PPC makes second marriage without permission a cognizable and non-bailable offense.
📌 Key Points:
- Applicable only to Muslim men
- Punishable with up to 7 year imprisonment, fine, or both
- First wife can file a criminal complaint
- FIR can be registered in a local police station
Latest Amendments & Provincial Updates
📍 Punjab (2015 Amendment):
- Increased fine to Rs. 500,000
- Reinforced need for Union Council approval
📍 Sindh & KP:
Follow federal law but have been considering stricter enforcement
📍 Islamabad Capital Territory (ICT):
Aligned with federal law but stricter judicial scrutiny in family courts
⚖️ Judicial Trend:
Courts increasingly view second marriages without permission as misuse of religious rights, and often refuse protection to second wives in maintenance and dower claims if due process wasn’t followed.
Rights of First Wife in Second Marriage Cases
The first wife can:
- File a criminal complaint under MFLO and PPC
- Seek dissolution of marriage (divorce) from the court
- Claim maintenance, dower, and custody of children
- Challenge the second marriage’s legality in Family Court
Rights of the Second Wife
Even if the second marriage is contracted illegally (without permission), it is not void under Islamic law. The second wife has:
- Right to dower (haq mehr)
- Right to maintenance
- Right to divorce/dissolution
- Right to children’s custody and inheritance (if born within legal marriage)
However, courts may deny civil relief if the marriage violated the law knowingly.
❓ Frequently Asked Questions (FAQs)
Q1: Is second marriage without permission haram or just illegal?
Answer: It is not haram under Islamic law but is illegal under Pakistani statutory law.
Q2: Can a man marry again if the first wife refuses consent?
Answer: Yes, but only if the Arbitration Council grants permission after evaluating the circumstances.
Q3: What if the Union Council gives permission without the wife’s consent?
Answer: The wife can challenge the validity of the permission in Family Court.
Q4: What are valid grounds for second marriage in Pakistan?
Answer: Common grounds include:
- First wife is medically unfit
- Infertility
- Marital incompatibility
- Or any other justified reason
But mere desire is not sufficient unless justified.
Documents Required to File for Second Marriage Permission
- CNIC of applicant (husband)
- CNIC of first wife
- Nikahnama of first marriage
- Proposed second wife’s CNIC
- Application form (available from Union Council)
- Written representation from first wife (if available)
Best Practices for Lawful Second Marriage
- Always apply through proper channel
- Obtain written permission from Union Council
- Keep documented proof of reasons and decisions
- Respect the rights of all parties
- Consult a family lawyer before proceeding
Conclusion
In Pakistan, second marriage law is a fusion of Islamic permission and legal regulation. While Islam allows polygamy under specific conditions, Pakistani law imposes a procedural framework to safeguard women’s rights and prevent exploitation.
A man contemplating a second marriage must strictly comply with Section 6 of the MFLO and relevant rules. Failing to do so will not only result in criminal consequences, but also will lead to family disputes, civil liabilities, and social complications.
As a legal practitioner, I strongly advise consulting with a qualified family law expert before making such a significant decision. In today’s legal landscape, ignorance of procedural law is no excuse.
Need Legal Help with Second Marriage Laws?
Reach out to a certified family law attorney or visit your local Union Council for guidance. For legal queries or document review, feel free to contact LegalSparrow.com’s legal helpline.
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