Polygamy in Pakistan

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, Muslims and Christians are allowed to enter Polygamous marriage.[2] However it is illegal for Hindus as per the Hindu marriage law.[3]

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 organisation, 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 extremists. 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.

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.

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. "Pakistan makes landmark ruling against man for second marriage". The Tribune.
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