Man gets three-month jail for second marriage

[Maarkhoor]

Bro that shaykh is actually disagreeing with this Pakistani law

"Furthermore, no evidence appears neither in the Qur’an nor sunnah requiring the permission of the first wife if her husband wishes to marry another wife, and therefore he is not required to ask her permission. However, he needs to be judicious in taking this decision and to weigh it carefully with respect to benefits and drawbacks and to look with the eye of wisdom at all of the considerations pertaining to the matter, and he should strive all he can to conciliate, reassure, and satisfy his first wife, in order to ease and mitigate the effect of the matter upon her. "

Whilst he does advise people to act with wisdom when thinking about pursuing a second wife and thinking everything out and thinking about the first wife - he makes it clear that permission isn't required.

There is only Pakistani law about Islam...there is only Islamic law..

 

[M. Sarmad]

According to the constitution of Pakistan, no law can be promulgated which is in explicit violation of Quran & Sunnah, and as per Islamic law, the man does not need permission of current wife (wives) for marriage. He can marry up to four without any fear.

The Muslim Family Ordinance Law 1961 is not in contradiction with the Holy Qur'an as the Holy Qur'an does not prohibit seeking permission (from the council) for second (or subsequent) marriage. Nor does the Holy Qur'an forbid to delegate the power of divorce to wife, or curtail Husband's power of divorce (as is legal under Muslim Family Ordinance of 1961)



And yes, the Constitution of Pakistan states that no law shall be enacted which is repugnant to Injunctions of Islam. But the same constitution, through article 203, has empowered/established the Federal Shariat Court (and the Shariat Appellate Bench of the SC) as the only institution that has the authority to examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam..... And the Federal Shariat Court has already decided (Jan 5, 2000) that this law (i.e. Section 6 of 1961 Family Ordinance) is NOT against the teachings of the Holy Qur'an .


Shariat Petition Nos.26/I of 1994, 2/P of 1996 and 2/I of 1996 were filed to challenge the validity of section 6 of the Muslim Family Laws Ordinance, 1961 as opposed to the Injunctions of Islam.


The Federal Shariat Court, after hearing the detailed arguments, ruled:

" ...we would hold that subject to our observations and recommendation in para.92 to amend the provisions of section 6 of the Muslim Family Laws Ordinance, 1961, the said provision, are not violative of the Injunctions of Islam."


The detailed judgement of FSC where this argument/contention (that the Muslim Family Laws Ordinance, 1961 is violative of Islamic injunctions) is thoroughly discussed and summarily refuted :

https://gmlaw.wordpress.com/2013/10...s-of-muslim-family-laws-ordinance-un-islamic/

 

[Knight Rider]

Husband goes to jail and gets fined, Wife gets divorce at the end. Who is the ultimate winner "No one" !!!

 

[RealNapster]

Ah come on its hard as it is take it easy on the idiot he shot himself twice

I am more concerned for the first bullet and her life

 

[Zibago]

Husband goes to jail and gets fined, Wife gets divorce at the end. Who is the ultimate winner "No one" !!!

Lawyers?

 

[@@@]

Ye hai Riyasat-e-Madina.

Mashallahi! Mashallah!

 

[Salahuddin Ayyubi]

According to the constitution of Pakistan, no law can be promulgated which is in explicit violation of Quran & Sunnah, and as per Islamic law, the man does not need permission of current wife (wives) for marriage. He can marry up to four without any fear.

You're absolutely right. But remember the the khalifa rashideen themselves have abrogated and changed laws when they saw that those laws or rights were being misused or taken advantage of.

This is technically speaking legal under Islamic law.

 

[Salahuddin Ayyubi]

No, permission is not required but should inform her. It is good though if it is done through mutual agreement and both reach an agreement like how to share time, money, home etc

One more thing. In Pakistan law, during nikah contract signing there is a place in the contract where the wife can ask the husband to forgo his right to any other wife as long as he his married to her. If he had signed that than any other marriage contract he enacted becomes null and void.

 

[I.R.A]

what is the connection between orphans and nikkah? there is an if in there as well

First it is the State that should be responsible for taking care of its orphan citizens (orphan means helpless of society), but if the state can't due to scarce resources, then it is upon Muslim men to marry multiple women, depending on if they can fulfill the responsibilities under marriage contract in a just manner. Else totally refrain from marrying altogether. When the situation and need arises the first wife doesn't hold any authority to stop a Muslim male from fulfilling his duty.

 

[war&peace]

You're absolutely right. But remember the the khalifa rashideen themselves have abrogated and changed laws when they saw that those laws or rights were being misused or taken advantage of.

This is technically speaking legal under Islamic law.

That can happen under extraordinary circumstances and it is temporary, not permanent. Like Caliph Umar did not punish the food-thieves only during the famine but it was temporary and only for those who stole food from the hoarders. The clemency was not general. So what said is too generic & misleading which has no place in Islam. Furthermore, this permission is very unambiguous. If the first wife is not happy, she can take khula and marry another person. If a person or a few have misused a facility or law, only they should be punished as per law.

One more thing. In Pakistan law, during nikah contract signing there is a place in the contract where the wife can ask the husband to forgo his right to any other wife as long as he his married to her. If he had signed that than any other marriage contract he enacted becomes null and void.

Any such proposition or law which is in direct conflict with the clear injunctions of the Holy Quran has no validity. Did he sign out of his free will or was compelled to do so?
I give you an example from the EU's regulations
Under new GDPR, no organisation can force to any user/client to accept any terms & conditions that are in conflict with GDPR. For example, to try a software or app freely, prior to GDPR, an organisation could force the user to accept sharing of his/her personal data...but not now...even if someone accepted, it will be null & void.
So his nikkah is valid until and unless he fulfils the conditions.

 

[El Sidd]

First it is the State that should be responsible for taking care of its orphan citizens (orphan means helpless of society), but if the state can't due to scarce resources, then it is upon Muslim men to marry multiple women, depending on if they can fulfill the responsibilities under marriage contract in a just manner. Else totally refrain from marrying altogether. When the situation and need arises the first wife doesn't hold any authority to stop a Muslim male from fulfilling his duty.

So in a Islamic Socialist state, marriage can be facilitated for? No wonder Bilawal is blaming fascism, he cant get married now.

 

[I.R.A]

So in a Islamic Socialist state, marriage can be facilitated for? No wonder Bilawal is blaming fascism, he cant get married now.

Healthy society. The one and only main goal of marriage in an Islamic society. Quran itself has mentioned "don't approach them for lust" .....

 

[Sheikh Rauf]

Sahi. Its law. You write it on the nikahnama as well where the clause is whether the man is married or not. You need permission for second marriage otherwise the very registration of a false info containing nikahnama is an offence. Surely somebody would have told him the law. 3 months jail mai law seekh. :p

law nahi seekhay ga sabar ker raha hai. hahahha

 

[El Sidd]

Healthy society. The one and only main goal of marriage in an Islamic society. Quran itself has mentioned "don't approach them for lust" .....

and this healthy society mantra ends with the event of signing the nikkah of nama?

Domestic abuse and psychological abuse coupled with cultural peer pressure along with other materialistic factors are simply to be dealt by the victims? Where comes the state or those buggers who signed under the witness clause?

The whole damn thing is wrong. They should ban marriage till people understand what they are getting into.

 

[khail007]

According to the constitution of Pakistan, no law can be promulgated which is in explicit violation of Quran & Sunnah, and as per Islamic law, the man does not need permission of current wife (wives) for marriage. He can marry up to four without any fear.

AND ... where the law of the land obstructs the LAW OF ALLAH SWT should automatically prevail.