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Bill against second marriages tabled in NA

Published: May 5, 2010

A bill against second marriages has been tabled in the Senate. (APP)

ISLAMABAD: A woman parliamentarian from the Pakistan People’s Party introduced on Tuesday a bill in the National Assembly aimed at protecting those women whose husbands opt for a second marriage.

The government did not oppose the legislation that sought amendments to a 1961 Family Laws Ordinance when Justice (Retd) Fakhar-un-Nisa Khokhar tabled it in the House as a private bill. The bill proposes measures to protect women against physical and mental torture by husbands seeking their permission for a second marriage.

It suggests amendments in certain clauses of the ordinance that former president General Ayub Khan had promulgated almost 50 years ago. A practicing lawyer and a retired judge, Khokhar is known for proposing legislation to safeguard women’s rights. Her latest bill calls for the prompt payment of dower to women in case their husbands opt for a second marriage with or without the first wife’s consent. To be called the Muslim Family Laws (Amendment) Act 2010, the bill proposes that a husband must provide medical evidence if he seeks permission for a second marriage on grounds that his wife is unable to fulfill his sexual desires.

The bill also proposes that the mother should have the custody of a minor child in case of divorce. The husband would also be bound to pay lifetime child support. Also, if he is financially capable, he should not deprive the wife from the house she was living in before the divorce. The husband would also maintain, at least for two years, the wife who is breastfeeding an infant. Talking to The Express Tribune about the prospects of implementation of such a law in a conservative society like Pakistan, Khokhar said the same legislation was already in place in countries like Saudi Arabia, Morocco and Tunisia.

“All these societies are even more conservative than Pakistan. I am convinced that there won’t be any problem with the implementation,” Justice (Retd) Khokhar said. According to a copy of the bill, the family courts would act like revenue courts as well to make sure that the property pledged as dower was transferred in the name of the wife in case of the husband’s second marriage. Khokhar said she was happy that the bill was not opposed and claimed that the legislation would be a remarkable achievement to preserve women’s rights in Pakistan. The basic idea for such legislation, she said, is based on conjunctions from the Quran and the measures it proposes are Islamic.

Reader Comments (8)

  • Omar Qadir
    May 5, 2010 - 1:34PM

    Tis a good bill…one way to stop population.Recommend

  • May 5, 2010 - 3:59PM

    While we are at it why not change ‘Islamic Republic of Pakistan’ to just ‘Pakistan’.
    While i agree that some men use the second marriage tactic to bully their wife this legislation is not the right answer. Why not a new law where a woman can take her husband to court if she wishes? At least this way people who who want to marry twice and their wife does not object can do so AS IS THEIR RIGHT in Islam. My father has two wives and we siblings love each other very much. My friend’s father married twice and Alhamdulillah no problem there.
    Restricting religious freedom is NEVER the answer. I am fairly certain the masses will object vehemently when this issue gets proper coverage.Recommend

  • Rafi
    May 5, 2010 - 7:24PM

    I have to agree with Mirza here. This will probably get rejected because it is a religious law. Heck, some politicians might even call it blasphemy, since the meaning has completely changed lately.

    It is the women’s right to fight for their cause. And more than these laws, an awareness campaign needs to take place on issues like second or more marriages , nikahnamas, etc. where women are forced into things or rather agree because of their lack of awareness on issues.Recommend

  • May 7, 2010 - 10:17AM

    1. I really wonder if the response of Mr Omar Qadir bespeaks of a serious mind or a soft-worded criticism on Ms Khokar; however, I wishfully consider the respectable reviewer to be representing the second interpretation.
    2. Dear Omar Qadir, with all respects and advance apologies, may I know how we can control population by discouraging polygamy and term man-coined law as ‘good’ if it is either mere duplication of previous ones or a contradiction of the divine one.
    3. At the same time, with all respects for Ms Khokar, I suggest to her and her party (legendary PPPP) to prefer paying attention to the actual problems in terms of dwindling economy price-hike, unemployment, load-shedding, lawlessness etc. Madam, either we should declare Islamic teaching on the issue insufficient/ defective or we better stop challenging the holy commandments, lest I am afraid we might invite the divine wrath. Probably, we already have invoked much. My respectable legislator, if you are still adamant to deliver the nation with meritorious services like ‘Muslim Family Laws (Amendment) Act 2010’, I would request you to also look into the suggestion of Mirza Abeer to change ‘Islamic Republic of Pakistan’ to just ‘Pakistan’.
    4. Let me conclude with the assertion that, like many, I am much satisfied with one wife, but being a practicing muslim, I would request our learned legislators and jurists not to challenge Islam and indulge in non-issues, otherwise they might stand loser both in life and hereafter. They should also bear in mind that winning the elections, earning ministries or rising to high office alone does not define success.

    May Allah bless us with righteous path! Ameen.Recommend

  • Debbie
    May 25, 2010 - 6:56AM

    My goodness, While all of the non Muslim world has abandon the polygamy practice, Muslim countries are still safeguard Men’s rights. What if husband can not fulfill wives’s need, why Muslim women have to be second class citizen. Muslim put too much more restriction and moral standard upon women, men can have sex before marriage and GOOD WOMEN have to wait……. the list go on …..Recommend

  • Kashif
    Jun 1, 2010 - 12:18PM

    A man can sustain more than one wife provided he maintains equality in Islam. There are many women in Pakistan who have lost their husbands to death or by divorce. If someone thinks he should marry another woman whether young or older than him and has children, what do you expect him to do? Hazrat Khadija (RadiAllahu unhu) also proposed Prophet Muhammad (Peace be upon him) and never was there any issue of a man marrying an older woman or marriages after that. Most of our marriage celebration culture comes from across the border. Similarly, this word Sauton has also originated from there. Islam does not call for anything like Mehndi or dances or any nonsense like sauton who would take over rights of first wife. This is why Islam ordains everyone to enter it completely. Our people like to follow western and Indian culture but that leads to social abnormalities like this. Polygamy should rather be promoted instead of being made a fun of. In our society both multiple marriages and marriage with older women are now considered a big problem. Supposing a woman is 38 and someone of age 28 having one wife want to marry her and if she cannot find someone older than her, this means she would have to spend all her life single. Such women either fall prey to depression or other problems leading to them to old age earlier than natural. A woman has every right to take her husband to court if he bullies her either before or after second marriage but this does not mean that Polygamy should be banned. Our media has never played a positive role in this. No matter which drama or movie you watch, the moment a woman sees another woman sharing here husband, she starts creating havoc. It can also be shown that first wife gladly accepts another woman with equal rights for each but seldom does this happen in any story.

    Contrary to making this law, women should be counselled and trained to accept a second woman by considering what can happen to them in such a society if they lose their husband at early age. Due to constant security problem, many army personnel are martyred on borders. They may have gone to Jannah but what about their young wives because normally men want to marry unmarried girls first. They may choose to take a divorcee or Bewah for a second wife but not as first. This law discounts everything. It is rubbish and some other law in regard to abuses against women should be promulgated.Recommend

  • jahanzaib.haque
    Jun 2, 2010 - 7:50PM

    @Nisart Khattak your comments were deemed ad hominem attacks with loaded language. if you can reframe/rephrase your argument, we would be happy to approve your comment. Best regards – (Web Editor)Recommend

  • Saima Khan
    Jun 4, 2010 - 3:46PM

    Agreed with Mr. Kashif.
    Also to change the law in name of doing Favor to women is absolutely in contrary to Islam.They are saying in other words (Nauzubillah)keh Allah did injustice to females by allowing male to marry upto 4.
    Country Laws ought to be in alignment with the Islamic Laws.Recommend

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