'Polygamy Allowed in Quran, But Misused by Men for Selfishness': Allahabad High Court's Strong Remarks on Muslim Marriages

In a significant observation, the Allahabad High Court has said that while polygamy is conditionally permitted in Islam, many Muslim men misuse it for selfish motives, violating the spirit of the Quran. The court emphasized that a second marriage should only happen if a man can treat all his wives equally, as prescribed in the Quran — a condition often ignored in practice.

Why Did the Court Say This?

The court made this observation while hearing a petition related to a criminal case from Moradabad, Uttar Pradesh, involving a man named Furkan and two others, who were accused of serious offences including rape (Section 376), cheating, criminal conspiracy, and threats.

An FIR had been filed in 2020 by a woman who alleged that Furkan had married her without disclosing his first marriage, and sexually assaulted her. Furkan’s defense argued that under Muslim personal law, men are permitted to marry up to four times, and the complainant was aware of the relationship before the marriage.

The Court’s Key Observations

• “Polygamy is allowed in the Quran, but for specific social circumstances like protecting widows and orphans. Today, it is often misused by men for selfish reasons.”
• The court cautioned that such misuse contradicts the essence of Islamic teachings, which make polygamy conditional on fairness and equal treatment — a requirement that is rarely met.
• While acknowledging the Shariat Act, 1937, the court clarified that second marriages under Muslim law aren’t always automatically valid, especially if they are done deceitfully or in violation of other applicable laws.

Validity of Second Marriage Questioned

The state government argued that Muslim men cannot claim blanket immunity for second marriages, especially if:

• Their first marriage was under the Hindu Marriage Act and they converted to Islam just to remarry.
• The second marriage violates the conditions of fairness and equality set in the Quran.

Court’s Decision (So Far)

• The court ruled that, since both women involved are Muslim, Furkan’s second marriage appears valid under Muslim law.
• It found that charges under Sections 376 (rape), 495 (concealment of previous marriage), and 120B (criminal conspiracy) were not fully made out at this stage.
• However, it has issued a notice to the complainant and stayed coercive action against the accused until further hearing.
• The next hearing is scheduled for 26 May 2025.

Why This Matters

The judgment brings attention to:

• The abuse of religious laws for personal gain.
• The need for Uniform Civil Code, as hinted by the court.
• The intersection of religious personal laws with Indian criminal law, which continues to create legal grey areas.