M. Sarmad
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Who says it's against Allah's law ?? the brain dead Mullahs you follow blindly ? Here is what the Federal Shariat Court of Pakistan has to say on this matter :
(l) Muslim Family Laws Ordinance (VIII of 1961)
S. 6 Constitution of Pakistan (1973), Art.203 D Polygamy ¬Repugnancy to Injunctions of Islam Provisions of S.6, Muslim Family Laws Ordinance, 1961 are derivable on a conjunctive reading of Ayaat 3 and 35 of Sura Nisa of Holy Qur’an Status of polygamy in Islam is no more or no less than that of a permissible act and has never been considered a command and, therefore, like any other matter made lawful in principle, may become forbidden or restricted, if same involves unlawful things or leads to unlawful consequences, such as injustice Misuse of the permission granted by Allah could be checked by adopting suitable measures to put an end to or at least minimise the instances of injustice being found abundantly in the prevalent society, therefore, it be explicitly made clear in S.6(1) of the Ordinance that Arbitration Council, constitution of which is not violative of Injunctions of Islam, may be moved by the wife herself or her parents to t determine whether a husband can have a second, third or fourth wife as the case may be Arbitration Council in such circumstances would be needed to look into the disputes arising between husband and his existing wife/wives with respect to another marriage and after taking into consideration the age, physical health, financial position and other attending factors, come to a conclusion to settle their disputes Arbitration Council should figure in when a complaint is made by the existing wife or her parents/guardians ¬Arbitration Council is not empowered to make unlawful anything declared lawful by Islam nor could do vice versa Intention is to protect the rights of the existing wife/wives and interest of her/their children Section 6, Muslim Family Laws Ordinance, 1961 has not expressly declared the subsequent marriage illegal and has merely prescribed a procedure to be followed for the subsequent marriages and punishments for its non observance, thus, spirit of the section is reformative only as in fact same has prescribed a corrective measure for prevention of injustice to the existing wife/wives Subject to observations recorded to amend the provisions of S.6 and recommendations made by Federal Shariat Court, provisions of S.6, Muslim Family Laws Ordinance, 1961 are not violative of the Injunctions of Islam.
There is no doubt that a Muslim male is permitted to have more than one woman as wife with a ceiling of 4, at a point of time as the ultimate, but the very Ayat which gives this permission also prescribes a condition of (—–) and the Holy Qur’an has laid emphasis in the same Verse on the gravity and hardship of the condition which Allah Himself says is very difficult to be fulfilled.
Now section 6 of the Muslim Family Laws Ordinance as framed, in no manner places any prohibition in having more than one wife. It only requires that the condition of “—-” prescribed by Holy Qur’an itself should be satisfied by the male who wants to have more than one wife. The provision for constituting an Arbitration Council, therefore, cannot in itself be said to be violative of Injunctions of Qur’an as only a procedure has been prescribed how the Qura’nic Verse will be observed in its totality with reference to the condition of ” —- ” placed in the Verse itself.
Here Sura Nisa, Ayat 35 is referred which provides for the resolution of dispute between husband and wife and the Qura’nic Injunction as ordained in the said Ayat also is to refer the matter in dispute to representatives of each of the parties to the dispute. The provisions contained in section 6 are therefore, derivable on a conjunctive reading of Ayaat 3 and 35 of Sura Nisa.
It may, however, be observed that it be explicitly made clear in subsection (1) of section 6 of the Ordinance that Arbitration Council may be moved by the wife herself or her parents to determine whether a husband can have a second, third or fourth wife as the case may be.
Nikah is a social contract of very high status and conjoins a couple and the spouses in a sacred association, with mutual rights and obligations, to be performed in a spirit of love and affection that should last life long, as envisaged by Ayah No.21 of Sura No.30, Ayah No.228 of Sura Baqara and Ayah No. 19 of Sura e Nisa. Therefore, anything, big or small, that may provide a cause for a breach in mutual love and’ trust is viewed seriously by Islamic Injunctions. In such situations the Holy Qur’an enjoins upon all Muslims to take appropriate measures to save this sacred union from disruption. Reference in this connection may be made to Verse No.35 of Sura Al Nisa. Since one of the reasons for such disputes may be intention of the husband to contract subsequent marriage of his choice, an Arbitration Council may be required to settle the dispute. The Arbitration Council is not empowered to make unlawful anything declared lawful by Islam nor could do vice versa. However, the status of polygamy in Islam is no more or no less than that of a permissible act and has never been considered a command, and therefore, like any other matter made lawful in principle may become forbidden or restricted if it involves unlawful things or leads to unlawful consequences such as injustice. Misuse of the permission granted by Almighty Allah could be checked by adopting suitable measures to put an end to or at least minimise the instances of injustice being found abundantly in the prevalent society. The Arbitration Council in such circumstances would be needed to look into the disputes arising between husband and his existing wife/wives with respect to another marriage and after taking into consideration the age, physical health, financial position and other attending factors, come to a conclusion to settle the in disputes. The Arbitration Council `should figure in when a complaint is made by the existing wife or her parents/guardians. The intention is to protect the rights of the existing wife/wives and interest of her/their children. The wife is, therefore, the best judge of her cause who or her parents may initiate the proceedings if her husband intends to contract another marriage. Moreover, since a Nikah validly performed with a wife, whether first or fourth, necessarily entails various consequences including those related to dower, maintenance, inheritance, legitimacy of children etc., non registration of the Nikah, thus, performed could not only be a source of litigation between the parties but would also lead to a lot of injustice to such wife/wives.
Since this section has not expressly declared the subsequent marriage as illegal and has merely prescribed a procedure to be followed for the subsequent marriages and punishment for its non observance, the spirit of this section is reformative only as in fact it has prescribed a corrective measure for prevention of injustice to the existing wife/wives.
Subject to observations and recommendation of the Court in para.92 to amend the provisions of section 6 of the Muslim Family Laws Ordinance, 1961, the said provisions are not violative of the Injunctions of Islam.
Al Qur’an: Surah Nisa, Ayats 4:3; 4:35; 19; Ayah No.21 of Surah No.30, Surah Baqara, 228 and Sahih Sanan Al Mustafa by Imam Abu Daood, 1st Vol. pp.323 324 ref.
( 29/I,13/L of 1993 Allah Rakha VS Federation of Pakistan PLD 2000 Federal Shariat Court)
legally speaking an act done before it was declared punishable offense isn't punishable so if any law as passed making polygamy a punishable offence it won't affect the people who already have done the deed.
