Man gets three-month jail for second marriage
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LAHORE: A judicial magistrate in Cantonment Courts has sentenced a man to three-month jail and imposed a fine of Rs5,000 on him for contracting second marriage without mandatory permission of first wife.
Rabia Younas filed a complaint through a counsel pleading that her husband Shoaib Zahid contracted second marriage without obtaining her consent required under section 6 of Muslim Family Law Ordinance 1961. The counsel asked the court to punish the man under the law for committing a crime. He also produced witnesses and documentary evidence to prove the offence of the respondent.
The magistrate, Kashif Abbas, observed that verbal and documentary evidence presented by the complainant established the offence the respondent committed. Therefore, the magistrate handed down three-month imprisonment to the respondent and Rs5,000 fine.
Published in Dawn, March 31st, 2019
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Comments (53) Closed
Mar 31, 2019 12:20pm
Very good. Will 2nd marriage be declared as null and void or he will be allowed to live with the second girl as her husband is my question which needs an answer? Incidentally, should we not find out as to what could be the reason that he went to the extent marrying without consent from the 1st wife? Can his 1st wife wed to anyone or not is also a question to be answered? Iqbal Hadi Zaidi
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Mar 31, 2019 12:36pm
Shamefull penalty.
3 months jail and 5 thousand penality and that's all.
Well I can afford it lot more than 20 times
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Mar 31, 2019 12:48pm
Marriage must not be so conditional. He ought to support his first equally
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Mar 31, 2019 01:01pm
The rhetoric of the ruling party to bring the looted money back to Pakistan and mercilessly penalize the money launderers and arch politicians has become the hackneyed joke of the town. At the end of the day in his next election campaign, PM will be speaking to the nation lamenting on his helplessness before NAB and judicial procrastination, which people of Pakistan will not accept. The people need a leader to deliver the goods, keeping his cardinal promise as PM. Let's drag for another four years, then, with fingers crossed.
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Mar 31, 2019 01:17pm
A law of this nature is UnNatural...
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Mar 31, 2019 01:21pm
After 3 months in jail will this man still consider to live with 1st wife? I think it will promote divorce rate
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Mar 31, 2019 02:04pm
Yes and he will come out and divorce the first wife. Which is what infact he should have done in the first place. Maybe his first wife couldve talked things out and reach a mutually beneficial agreement. But obviously she felt this avenue was the best.
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Mar 31, 2019 02:08pm
@Raza, divorce would be better than living in such situation where marriage is just for namesake. That is why it is so important for girls to be educated and financially independent.... So that they do not need to live in such oppressive circumstances just for survival
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Mar 31, 2019 02:26pm
Which first wife will allow without fear, coercion or intimidation her husband to go for a second marriage?
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Mar 31, 2019 02:30pm
Our claim to being the 'Islamic' republic of Pakistan is misplaced if laws like these continue to exist to this day. Shariah places no such limitation on a man. There is no place for such an unnatural law in today's Pakistan. As somebody rightly pointed out this law will promote discord between husband and first wife. Who would want to live with a woman who sent him to jail?
This law only suits one class of people and that is the lawyers who often will place their remuneration before the wellbeing of society.
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Mar 31, 2019 02:59pm
Court has sentenced a man to three-month jail and imposed a fine of Rs5,000 on him for contracting second marriage without mandatory permission of first wife. It is too lenient. In Pakistan, according to Muslim Family Laws Ordinance , 1961 (amended 2015), section 5(b) Any man who contracts another marriage without the permission of the Arbitration Council shall; on conviction upon complaint, be punishable with the simple imprisonment which may extent to one year and with fine of five hundred thousand rupees.
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Mar 31, 2019 03:06pm
@Iqbal Hadi Zaidi, sir only punish was given to him marriage is still intact ...permission is mandatory for second marriage , failing to obtain , follow the criminal penalty only .....chairman union council also grant permission for 2nd marriage even if first wife doesnot willing ,provided with , circumstamces and sound ground are required ...
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Mar 31, 2019 05:12pm
Why has the 2nd marraige been annulled?
The guy can't marry again till he has approval of the first wife
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Mar 31, 2019 05:34pm
Permission? Was that ever required under Islamic Law? I don't think so..
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Mar 31, 2019 05:42pm
@Raza, Dont just complain that divorce rate will go up. Recommend a possible solution instead. Cause unhappy couples shouldnt be forced to live together. Its terrible for the kids.
Also our religion introduced divorce for a reason. Why so scared to use it?
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Mar 31, 2019 05:44pm
@Iqbal Hadi Zaidi, Iqbal Zaidi sahib, I hope you get answers but check to see what Islamic Marriage law tells in this scenario and as per constitution, no law is above Islamic law. So as per my understanding, permission is not required from 1st wife and this punishment does not have any Islamic ground. Islam gives a right to wife to ask for divorce if she doesn't want to live with husband. I am not expert in Islamic laws but check with you mufti.
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Mar 31, 2019 05:51pm
That's it?
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Mar 31, 2019 06:20pm
So after 3 month and 5000 paid than what.
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Mar 31, 2019 06:22pm
Polygamy is a crime in most countries but for us it has become a status symbol and is increasing.
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Mar 31, 2019 06:24pm
@Raza,
If he is wanted to live with his first wife, he would not have lied to her, deceived her and brought another woman into their marriage. This is disrespectful to his first wife.
If he divorce her, she should divorce him. In our nikhanama a woman can prohibit a man from taking a second wife. She can also enter that he must divorce her if he breaks that oath.
Divorce is not bad nor a sin. We have made it a taboo. It is a way out of an unhappy marriage for a person.
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Mar 31, 2019 06:29pm
@Raza, so what’s your solution?
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Mar 31, 2019 06:30pm
You dont need first wife permission to marry second wife. They got law wrong.
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Mar 31, 2019 06:54pm
Increasing divorce rate is the real agenda.
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Mar 31, 2019 07:11pm
Rule of law must be obeyed! Bigamy is allowed in Islamic jurisprudence subject to fulfilment of certain conditions. It is nor a green card. Those woh wish to marry subsequent to first marriage should not take this ordeal for granted!
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Mar 31, 2019 07:18pm
Rs 5000 fine is like having a traffic ticket.
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Mar 31, 2019 07:44pm
Why is permission from first wife needed
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Mar 31, 2019 07:52pm
Three months in jail and then living happily with second wife. End of story...
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Mar 31, 2019 08:05pm
it is ok to cheat while you married but it is jail term if you make another woman your second wife, give her family status, house, money, shelter and clothing
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Mar 31, 2019 08:15pm
There is no such requirement in Islam. It's just a Pakistani law. We should figure out our laws better, especially inheritance laws which are in state of utmost confusion and hurt people, especially women a lot. Similarly, we either make our laws independent OR dependent on underlying Islamic laws. The half way following doesn't help and creates more confusion.
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Mar 31, 2019 08:23pm
Amir Liaquat needs to face similar justice.
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Mar 31, 2019 08:32pm
@Iqbal Hadi Zaidi, With all respect, Are You Muslim? Islam does not require permission from first wife to get married again. the law is UNLAWFUL.
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Mar 31, 2019 08:36pm
Trade of
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Mar 31, 2019 08:38pm
This is absurd!!
He can get married to any other women of his choice. One could guess that the result of his arrest would lead him divorcing his first wife or at least the relationship to lowest possible level.
Sad though!
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Mar 31, 2019 09:47pm
Why would the woman want to live with a man if the man doesn’t want to be with her.
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Mar 31, 2019 10:19pm
Under family laws permission of UC for contracting second marriage is required and not that of wife. The law should not be wrongly qouted / interpreted which create bad impression against courts. In this case the convict might have not obtained UC permission required under family laws 1961 amended time to time.
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Mar 31, 2019 11:16pm
@Khalil abbasi , Is this comment pertaining to this news item at all?
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Mar 31, 2019 11:34pm
@Iqbal Hadi Zaidi, Second marriage cannot be declared NULL and Void as it is binding and effective in Islam because Permission from first wife is not required for second marriage to be effective and binding. Court cannot annul and void any marriage which is effective and binding in Islam by itself, without the consent of either of the parties (Man and his second wife).
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Mar 31, 2019 11:35pm
@Iqbal Hadi Zaidi, brain before typewriter please
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Mar 31, 2019 11:35pm
This law is illegitimate and without any basis. Let it not deter men from polygamy which is natural.
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Mar 31, 2019 11:38pm
@Iqbal Hadi Zaidi, Furthermore, the first wife cannot wed to anyone unless she gets divorce or khulla first from her husband... This punishment is just for the fact that he did not get permission from first wife to conduct second marriage. It does'nt change anything else or effect their relation (Man, First Wife & Second Wife)
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Apr 01, 2019 04:34am
@Iqbal Hadi Zaidi,
No we do not need to find out why he went to the extent of deceiving his first wife and not getting her legal and Islamic permission before entering a second marriage. What he did was wrong and amounts to cheating. If he thought he wouldn't get the permission he should have made the choice the divorce the former and give up the second woman. He wanted to have his cake and eat it too.
Cheating, deceiving, lying and disrespecting your spouse is not part of Islam. Yes he can live with his seconf wife but his first wife will probably seek divorce. Who wants to live with a man who doesn't respect his wife's rights and wishes?
Hope he enjoys his jail time. Shame the punishment wasn't stricter.
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Apr 01, 2019 07:27am
This is against Sharia. Sad.
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Apr 01, 2019 07:51am
Please do not play with religion.
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Apr 01, 2019 08:10am
So man has no right to Marry legally but man can have an illegal affair without punishment. Society is really going in sewage direction.
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Apr 01, 2019 09:38am
Its General misconceptions in public, in fcat according to Muslim Family Laws ordinance 1961 permission of Arbitration Council/ Chairman union council is required to contact a second marriage.
consent of wife is not mandatory but supporting, if there is a genuine reaaon council may allow for second marriage.
Gull Hassan Khan Advocate
Pak-Lawyer Associates
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Apr 01, 2019 03:00pm
@amir, why you think second woman is helpless ?? She might be doing great in her own life !!!
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Apr 01, 2019 06:48pm
Court should try to settel down things in family matters rather putting this man behind the bar. It is not a solution.
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Apr 01, 2019 09:41pm
After his release from prison he will divorce his first wife because of jail sentence .
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Apr 01, 2019 09:59pm
This is joke !
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Apr 01, 2019 10:00pm
@Rashid In Chicago, In Pakistan, according to Muslim Family Laws Ordinance , 1961 (amended 2015), section 5(b) Any man who contracts another marriage without the permission of the Arbitration Council shall; on conviction upon complaint, be punishable with the simple imprisonment which may extent to one year and with fine of five hundred thousand rupees.
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Apr 02, 2019 03:46am
@Iqbal Hadi Zaidi, dont they all do that?
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Apr 02, 2019 07:21am
@Raza, The question is not whether he will want to live with her, but whether she would be willing to live with him, and the fact she had him charged, seems a clear indication that the marriage was over as soon as he broke their contractual agreements. Ending a bad marriage is a good thing,
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Apr 02, 2019 01:42pm
Taking permission from wife should be made mandatory in India too.
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