Polygamy in Pakistan

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Polygamy is legally permissible according to the law of 1961,[1] but restricted, in the Muslim majority nation of Pakistan. Only males adhering to the Islamic faith are legally allowed to enter into polygamous unions, with a maximum of four wives at one time. Legally, only Muslim citizens are allowed to enter Polygamous marriage.[2] However it is illegal for Hindus as per the Hindu marriage law.[3] Polygamy is the practice of being in a relationship with multiple wives at one time which is called being Polygamous. Polygamy is not really that popular in this decade since less than 1% of Muslim men live with more than one companion in the following countries; Afghanistan, Pakistan, Iran, and Egypt – all nations where the training is legitimate essentially for Muslims.

The extent to which polygamy exists in Pakistan is contested, but can be said to be very low.[4] According to Immigration and Refugee Board of Canada, a professor of law at Warwick Law School writes that while polygamy is a cultural tradition, most families do not accept the second wife as a part of the family. On the other hand, Shirkat Gah, a Pakistani women's rights organization, found that polygyny is "common". However, a representative of the Human Rights Commission of Pakistan says that polygamy is rare, except within communities in Sindh, Southern Punjab or religious fundamentalists. A gender studies consultant, however, writes that it is also found within the urban elite of Pakistan because they can afford to keep and maintain more than one wife and their children. That said, it is still considered to be low in number. In 1961 a law was made saying Polygamy was allowed in Pakistan but only for males with an Islamic faith. Other religions like Hindus was not allowed, because in the Vedic periods the practice of Polygamy was rapidly declining which made it seem taboo, therefore, it was considered immoral. According to The Prevalence & Determinants of Polygamy Among Men in Pakistan the determinants of polygamy are different like nationality, spouse's age, and schooling, increment the likelihood of kids, especially when a wife is infertile and only gives birth to girls or husband's longing for more kids, male dominated business.

Polygamy is not really that popular in Pakistan only about 4% of males are in polygamous relationships. The number has been decreasing for many years now, because it's just not as popular as it once was in Pakistan.

A man who wishes to remarry is required to obtain the legal consent of each of their wives who they are already married to, and show the capability to properly take care of all of them. Pakistani women can add a clause in their Muslim marriage contracts forbidding polygamy.[5]

There have been calls to prohibit or criminalize the practice by some in Pakistan, and there have also been some who have shown support of it.

Notable Legal Action[]

In 2017, a Lahore lower court ruled against a man who remarried without obtaining permission from his first wife.[6] He was sentenced a six-month jail term and a fine of Rs. 2,00,000. The chair of the Punjab Commission on the Status of Women, Fauzia Viqar applauded the move, saying that it would help wronged women to be empowered to take legal action.[6]

See also[]

References[]

  1. ^ "Muslim Family Laws Ordinance, 1961" (PDF). Refworld, The UN Refugee Agency.
  2. ^ "Christian women at the mercy of Christian Divorce Laws 1869 in Pakistan". Retrieved 23 April 2020.
  3. ^ "Pakistan passes law recognising Hindu minority marriage". Retrieved 23 April 2020.
  4. ^ Canada: Immigration and Refugee Board of Canada, Pakistan: Practice of polygamy, including legislation; rights of the first wife versus the second, including whether she has the right to refuse a second wife (2011-2013), 18 December 2013, PAK104701.E , available at: https://www.refworld.org/docid/52eb9ea04.html [accessed 22 September 2019]
  5. ^ Zakaria, Rafia. "The problems of polygamy".
  6. ^ a b "Pakistan makes landmark ruling against man for second marriage". The Tribune.
  1. Malik, S. S., Hanif, I., Qasim, A., Anwar, A., & Mushtaq, F. (2021, September 19). The prevalence & determinants of Polygamy Among Men in Pakistan. The Prevalence & Determinants of Polygamy Among Men in Pakistan. Retrieved October 21, 2021, from https://journals.lnh.edu.pk/lnjpc/pdf/80d18dfd-64e9-4e4d-bf05-3e51b4178709.pdf.
  2. liberty (Ed.). (n.d.). Why polygamy is not a crime for Muslim male. Legal Service India - Law, Lawyers and Legal Resources. Retrieved October 20, 2021, from https://www.legalserviceindia.com/legal/article-306-why-polygamy-is-not-a-crime-for-muslim-male.html.
  3. Sattar, N. (2020, September 4). Multiple marriages. DAWN.COM. Retrieved October 20, 2021, from https://www.dawn.com/news/1577829.
  4. Hasan Aftab Saeed, H. A. A., & 18, A.- A. (n.d.). Polygamy in Islam. Pakistan Today. Retrieved October 20, 2021, from https://archive.pakistantoday.com.pk/2018/04/16/polygamy-in-islam/.
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