The Allahabad High Court recently held that a Muslim man is permitted to marry more than once, provided he maintains fairness and equality among all his wives. The court also highlighted that although Islamic law allows polygamy, it is meant to be practiced under specific circumstances and not exploited for personal gain.
Justice Arun Kumar Singh Deshwal made the observation while considering a plea by Furkan, who sought to have criminal proceedings against him dismissed. Furkan had been named in a case filed in 2020 in Moradabad, where a woman accused him of marrying her without disclosing that he was already married. She also alleged that he sexually assaulted her during their relationship.
The woman’s complaint led to charges against Furkan and two others, with the Moradabad court issuing summons. Furkan’s legal counsel argued that the complainant had acknowledged being in a relationship with him before their marriage. The defense also stated that unless the second marriage was legally invalid, the charge under IPC Section 494 — which deals with bigamy — would not apply.
Justice Deshwal, while emphasizing the need for a Uniform Civil Code, noted that Muslim personal law permits up to four marriages, provided the man treats all wives justly. He further elaborated that polygamy is historically rooted in the Quran to address specific societal conditions and should not be misused.
Citing the Muslim Personal Law (Shariat) Application Act of 1937, the judge stated that matters related to marriage and divorce among Muslims should be governed accordingly. The court ruled that Furkan’s second marriage was valid under Muslim law, as both spouses belonged to the same faith.
The case will next be heard on May 26.