Consent requirement for 2nd marriage challenged

A writ petition challenging Section 9 of the Muslim Family Law Ordinance 1961, which mandates obtaining the consent of the first wife for a second marriage, has been filed in the Federal Shariat Court Lahore Registry.

The petitioner contends that this provision is in conflict with Shariah law and seeks its declaration as un-Islamic and unconstitutional.

Filed by Shahzad Adnan through advocates Ghulam Mujtaba Chaudhry and Muhammad Mudassar Chaudhry, the petition argues that Section 9 of the Muslim Family Law Ordinance restricts the right to contract a second marriage without the explicit permission of the first wife or the arbitration council.

This, the petitioner claims, contradicts Quranic teachings and various Islamic references.
Quoting Surah An-Nisa

Verse 3 of the Holy Quran, the petitioner highlights the Quranic provision allowing men to marry up to four women, provided they can maintain justice among them.

The counsel representing the petitioner argued that the legislation infringes upon Islamic principles and moral values.

They stress that lawmakers did not consider the practices of other Islamic countries or the opinions of Muslim scholars when enacting this law.

Quoting Sheikh MS Al-Munajjid, a renowned Saudi Muslim lecturer and author, the counsel assertedthat Islam permits a man to marry multiple wives if he can fulfill the responsibilities associated with such marriages, both physically and financially.

Furthermore, the petition highlights societal factors, suggesting that in communities where the female population exceeds that of males, such restrictions could lead to extramarital affairs.

The counsel argues that the legislation in question goes against Shariah laws and should be deemed un-Islamic.

The petition seeks the court’s intervention to declare Section 9 of the Muslim Family Law Ordinance as repugnant to Islamic injunction.

It urges that individuals should have the right to contract a second marriage without seeking permission from either the Union Council concerned or the first wife.