Indian Court Approves Bigamy for Muslims Upon Meeting Justice for Wives

The Allahabad High Court has ruled that Muslim men cannot be punished for bigamy under Section 494 of the Indian Penal Code if their marriages comply with Muslim personal law, The Times of India reported. The court clarified that Islam permits a Muslim man to marry up to four wives, provided he treats them equally, as allowed by the Quran. This ruling emerged from a case involving Furkan, accused of bigamy and other charges for marrying without disclosing his existing wife.

The court emphasized that polygamy in Islam was historically permitted to protect widows and orphans after wartime casualties but noted that this provision is often misused today for selfish reasons. It further stated that if the first marriage is conducted under non-Muslim laws such as the Hindu Marriage Act or the Special Marriage Act, a subsequent marriage under Muslim law would be void and punishable.

However, a second marriage under Muslim law is valid unless declared void (batil) by the Shariat. In Furkan’s case, the court stayed coercive action, recognizing the validity of his second marriage under Muslim law.