Muslim Bigamy Muslim Bigamy

1 month ago

My marriage was held in 1999. I am a Muslim woman, I have two children, my son is 24 years old and my daughter is 21 years old. In the year of 2019, november, my husband got married to another woman and registered her marriage properly. We are living separately since 2013 without any marital relation. But legal divorced not take. He is spending on us till date, but still i want to take revenge on his action of marrying a second woman, i was waiting for the opportunity to see the changes in the law. Now this is the right time to file against the case and to take revenge on him. I thank the Supreme Court for supporting us. I need advice on how to proceed with a case against him and what documents should be provided.

Anik

Responded 1 month ago

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A.Dear Client,

In Muslim law, bigamy refers to a situation where a Muslim man has more than one wife simultaneously. Islam permits a Muslim man to marry up to four women, but with the condition that he treats each wife fairly and equally in terms of financial support, love, and care. The Qur'an emphasizes the importance of equality and fairness among multiple wives and advises monogamy if such equality cannot be maintained.

Under the principles of Sharia law, Muslim men are allowed to have up to four wives. The concept of bigamy in the legal sense is not applicable in the same way to Muslim marriages conducted under Sharia law. The provisions of Section 494 of the Indian Penal Code (IPC), which criminalize remarrying during the lifetime of a husband or wife, may not be enforced on Muslim men marrying under the Islamic legal framework.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
In Muslim law, bigamy envisages two women happily married to the same man actually living with him and getting from him equally all that a wife can expect from her husband. Where this is not possible, the Qur'an enjoins the husband to remain a monogamist. A Muslim man can marry up to four women, provided he treats them equally in terms of financial support, love, and care, as per Islamic law. The provisions under Section 494 of the IPC (remarrying again during the
lifetime of husband or wife) cannot be enforced on Muslim men marrying under the Sharia law that allows Muslim men to have up to four wives. Reach out to an Advocate for guidance and steps.
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