The Allahabad High Court held that Muslim men can’t be punished for bigamy under Mohammedan law. It observed that although the Quran allows polygamy for just reasons, men often misuse it for selfish purposes.
The Allahabad High Court has ruled that a Muslim man will not be charged with bigamy for having multiple wives if those marriages were conducted according to Mohammedan law.
Justice Arun Kumar Singh Deshwal noted that the charge would apply if the first marriage is declared void.
Additionally, the Court stated that the offence would also apply if the first marriage was performed under other laws, such as the Special Marriage Act, Foreign Marriage Act, Christian Marriage Act, Parsi Marriage and Divorce Act, or the Hindu Marriage Act, and the man subsequently marries under Mohammedan law after converting to Islam.
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The Bench held,
“The Family Court has also jurisdiction u/s 7 of the Family Court Act to decide validity of a Muslim marriage performed in accordance with the Muslim Personal Law,”
The Court pointed out that the religious freedom guaranteed under Article 25 of the Constitution of India is not absolute.
“This Court would further like to observe that Article 25 of the Constitution of India gives religious freedom to profess, practice and propagate, which also includes external overt acts of individual as per his religious faith, but this right is subject to public order, morality and health and other provisions of Part-III of the Constitution. Therefore, religious liberty under Article 25 is not unfettered and can be regulated by the State.”
The Bench emphasized that while the Quran permits polygamy for valid reasons, it has often been misused for selfish motives.
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Justice Deshwal remarked that polygamy is mentioned in the scripture only once, and there is a historical context for its allowance.
The Bench observed,
“There was a time in history when a large number of women were widowed, and children were orphaned in primitive tribal tussles in Arabs. The Muslims suffered heavy casualties in defending the nascent Islamic community in Medina. It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation,”
The Court clarified that the Quran’s allowance for polygamy is conditional,
“It is clear that the Quran asks men first consider taking care of the orphans and only when they think they may not be able to do justice to the orphans’ interests while staying in isolation, should they consider marrying their widowed mothers, on the condition that the new family would be dealt with justly on par with the existing one.”
Recognizing the potential for misuse of this liberty, the Court suggested that the legislature should consider enacting a uniform civil code.
These findings were made in response to a plea from a man named Furkan, who sought to quash the charges against him for bigamy and rape, among other offences.
The case arose after a woman claimed she was not informed of Furkan’s existing marriage at the time of their union.
Furkan contended that Muslim law permits him to marry up to four times. After reviewing the case, the Court determined that the charges of bigamy and rape do not apply since the marriage is valid in this instance. It noted that the issue warrants further examination.
Consequently, the Court issued a notice to the complainant and instructed the police not to take any coercive action against Furkan or the other accused.
Advocates Alok Kumar Pandey, Prashant Kumar, and Susheel Kumar Pandey represented Furkan in the proceedings.
Case Title: Furkan and Others v State of UP and Another
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