Quran's Limited Permission To Polygamy Is Widely Misused By Men For Selfish Reasons: Allahabad HC
The court was hearing a petition seeking to quash criminal proceedings including charges of bigamy and rape against the accused, Furqan, by a Moradabad court.
Published : May 15, 2025 at 6:47 PM IST
|Updated : May 15, 2025 at 7:48 PM IST
Prayagraj: The Allahabad High Court on Thursday observed that Islam allows more than one marriage under certain circumstances and conditions, which is being misused widely. "In the early Islamic period, polygamy was conditionally allowed under the Quran to protect widows and orphans during war. Now that provision is being misused by men selfishly," it observed.
The order was given by Justice Arun Kumar Singh Deshwal after hearing the petition of Furqan, seeking to quash criminal proceedings against him, including charges of bigamy and rape which were charged against him by a Moradabad court. The court said if a Muslim man marries his first wife according to Muslim law, then the second, third or fourth marriage will not be void. Therefore, the content of Section 494 of the IPC will not apply to the second marriage, except in cases where the second marriage has been declared invalid (void marriage) according to Shariat by the family court or any competent court under Section 7 of the Family Court Act.
The case dates back to 2020 when a woman accused Furqan of marrying her without informing her of his first marriage. She also accused him of raping during their marriage following which she filed a case against Furkan and two others.
The court clarified that if a person has married under the Special Marriage Act 1954, Foreign Marriage Act 1969, Christian Marriage Act 1872, Parsi Marriage, Divorce Act 1936 and Hindu Marriage Act 1955 and after adopting Islam, he marries for the second time according to Muslim law, then the second marriage will be invalid and a crime will be registered under section 494 of IPC.
The petition sought the cancellation of the chargesheet, cognisance and summonses in the case registered under sections 376, 494, 120-B, 504 and 506 of the IPC. The FIR alleges that Furkan married the victim without informing her about his first marriage and he raped her during the marriage.
The petitioner's lawyer argued that the victim herself admitted that she married Furkan after having a relationship with him. In such a situation, no crime under Section 494 of the IPC is made out against the petitioner because under Muslim law and the Shariat Act 1937, a Muslim man is allowed to marry four times. The court was also informed that all issues related to marriage and divorce should be decided according to the Shariat Act 1937, which allows a person to marry even during the lifetime of his wife. Shariat is a special act while the IPC is a general act, so the effect of the former will be more on the latter.
The court observed that there is a historical reason behind the permission of polygamy by the Quran. There was a time in history when a large number of women were widowed and children orphaned in primitive tribal feuds in Arabia. Muslims had to suffer a lot in protecting the nascent Islamic community in Medina. It was in those circumstances that the Quran allowed conditional polygamy to protect orphan children and their mothers from exploitation. The court cited the Gujarat High Court's decision in the Jafar Abbas Rasool Mohammad Merchant case, which said if the purpose of marrying more than once is selfishness or sexual desire, then the Quran prohibits polygamy and it is the job of the clerics to ensure that Muslims do not misuse the Quran to justify polygamy for their selfish interests.
The court further observed that both the petitioners and the opponent are Muslim, and in such a situation, the petitioner's second marriage will be valid without attracting any crime. It issued a notice to the opponent, banning any kind of coercive action against the petitioner.
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