ISLAMABAD: The Council of Islamic Ideology (CII) on Monday declared the law that mandates the consent of the first spouse for second marriage un-Islamic and said that a man is not bound to seek permission from his first wife for second marriage.
A meeting of the CII held under the chair of Maulana Muhammad Khan Sherani discussed exhaustively the Islamic Family Laws 1961. The CII declared one section of the law un-Islamic under which a man is bound to seek explicit approval from his first wife for second marriage. “Under shariah a man is not bound to seek approval for second marriage from the first wife,” declared Maulana Sherani. However, he added, according to shariah a man is bound to treat all his spouses with justice and equity, he said. The CII unanimously declared the clause as un-Islamic.
The meeting reviewed Family Laws Ordinance of 1961. Sherani said that several clauses of the ordinance are un-Islamic, and that procedure and directives regarding polygamy have been clarified in the shariah. He declared the Section 6 of the ordinance as un-Islamic, stating that a person will have to treat both wives equally under the guidelines given by the holy Quran and in the Sunnah of the Prophet (PBUH). The Section 6 of 1961 Muslim Family Laws Ordinance allows a man to contract a second marriage only after obtaining express consent of his first wife. Under the law, contracting a second marriage without the prior permission of the first wife (or earlier wives, if there is more than one) is a crime punishable with imprisonment or fine or both.
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