Don't misinterpret Quran to have more than one wife, says HC


Ahmedabad, Nov 5 (PTI): In a strongly-worded order, the Gujarat High Court on Thursday said the Quran was being misinterpreted by Muslim men to have more than one wife and the provision of polygamy was being misused by them for "selfish reasons".

The high court also stated that time has come for the country to embrace the uniform civil code as such provisions are in violation of the Constitution.

Justice J B Pardiwala made these observations while pronouncing the order related to section 494 of IPC, which deals with punishment for having more than one wife.

The petitioner, Jafar Abbas Merchant, had approached the high court to quash an FIR against him filed by his wife who alleged that he got married to another woman without her consent.

In the FIR, she invoked section 494 of IPC (marrying again during lifetime of husband or wife) against Jafar.

In his plea, Jafar, however, claimed that the Muslim Personal Law allows Muslim men to marry four times and hence the FIR against him does not stand legal scrutiny.

In the order, Pardiwala noted "the Quran is being misinterpreted by Muslim men to have more than one wife."

"When the Quran allowed polygamy, it was for a fair reason. When men use that provision today, they do it for a selfish reason. Polygamy finds mention in the Quran only once, and it is about conditional polygamy," the order said.

"Muslim Personal Law does not permit a Muslim to treat one wife cruelly, drive her out of the matrimonial home and then get married for the second time. However, there is no law in this country which takes care of this situation. There is no uniform civil code in this country," it said.

The high court put the onus on the government to do the needful with regards to the uniform civil code.

"On the basis of modern, progressive thinking, India must shun the practice and establish uniform civil code," stated the judgment.

The court further observed that the permission to have four wives under Muslim Personal Law violates Constitutional provisions.

"Polygamy and the unilateral talaq without the wife's consent offends Article 14 (equality before law for all) and Article 15 (the state's non­discrimination on grounds of caste, religion, sex, etc). If the state tolerates this law, it becomes an accomplice in the discrimination of the female, which is illegal under its own laws," the court in its order.

While mentioning several verses of the Quran as well as statements of noted scholars, the HC said "it is abundantly clear that notwithstanding there is no codification by the legislation of marriages amongst the Muslims, polygamy is not encouraged and is an exception and not a rule. It is not the fundamental right of a Muslim to have four wives."

The court also gave a verdict in favour of Jafar and removed section 494 from the FIR, as being a Muslim, he is governed by the Muslim Personal Law, which allows him to have more than one wife, and not under the IPC.

"In view of the above, so far as the offfence punishable under Section 494 of IPC is concerned, I am left with no other option but to accept the submission that Jafar cannot be prosecuted for the offence punishable under Section 494 of IPC. To this extent, the petition will have to be allowed and is, accordingly, allowed," stated the order.

  

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Comment on this article

  • Ahmed, Mangalore

    Fri, Nov 06 2015

    People should watch the documentary "daughters of Darkness".As long as there is no Women left in our country or on this Planet who is Entering into Prostitution due to Reasons of Poverty.I am for the law that ,Man should marry only one women.But Facts dont Say that - Several women enter into prostitution just to make their living.I Request the Readers here watch the documentary on youtube "daughters of darkness" India.

    DisAgree [26] Agree [7] Reply Report Abuse

  • sid, mangalore

    Fri, Nov 06 2015

    clap clap clap what a sacrifice

    DisAgree [2] Agree Reply Report Abuse

  • Lydia Lobo, Kadri

    Fri, Nov 06 2015

    With no malign intended, I wish to say this. At the time of Islam's start, it was war all-over and many widows needed a support. Quite agreeable if a (first) wife consented under such terms to take a widow as a second wife. However, what is the need today ? Parents are well off to marry their daughters to suitable grooms. Then, why should one go for a second wife ? He may say he is not happy with his first wife, so could be the case with men of other religions too - right ? Aren't they putting up with it no matter what the outcome ?

    Secondly, when there is a second wife, obviously there will be as many children with her as are there with the first ? Isn't the nation bearing the burden of added head count, which was al-right 400 years ago when the population was very thin ? I say, marry two, three or four but ensure that you have just two children as other religion's families have !

    Have a dozen or two children, get the eldest bear the burden of looking after the younger or let illegal means or earning when legal isn't sufficient - what is this ? This is why the gap between the rich and the poor is widening. The rich go on becoming richer while society like the above never improves !

    DisAgree [5] Agree [44] Reply Report Abuse

  • Ramesh S, mangalore

    Fri, Nov 06 2015

    ..Muslims should have shown some objection (eventhough its a personal choice) to DHARMENDA, HARYANA DCM CHANDRAMOHAN etc while they have converted to ISLAM just for marriage purpose aka polygamy..its open disrespect, but no one thought about it..this is how a religion misused and Govt which reluctant to bring common civil code was mute for injustice..

    DisAgree [2] Agree [28] Reply Report Abuse

  • Ramesh S, mangalore

    Fri, Nov 06 2015

    ..and secularism goes like this, Judge says "so far as the offfence punishable under Section 494 of IPC is concerned, I am left with no other option but to accept the submission that Jafar cannot be prosecuted for the offence punishable under Section 494 of IPC. as being a Muslim, he is governed by the Muslim Personal Law'!!!..what a pity, other day a charity organisation closed its adaption since a new Govt rule is a hurdle to the religious sentiment..

    DisAgree [2] Agree [16] Reply Report Abuse

  • jeevan, mangalore

    Fri, Nov 06 2015

    ENACT UNIFORM CIVIL CODE.....

    If somebody need personal law why not sharia law for crime?

    ENACT UNIFORM CIVIL CODE.....

    DisAgree [9] Agree [40] Reply Report Abuse

  • Prabhakar Mendon, Katapadi/Dubai

    Fri, Nov 06 2015

    Why chaiwala left his wife on half way...

    DisAgree [34] Agree [37] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Fri, Nov 06 2015

    Prabhakar Mendon, Katapadi/Dubai

    Why you are scared to go to court on this matter? and asking in this forum like a petitioner.

    DisAgree [10] Agree [20] Reply Report Abuse

  • shuba, mumbai

    Fri, Nov 06 2015

    Now that the muslim ladies are well qualified its better for them to come out and fight for their rights rather than allowing only Males to rule over family matters and females to be under thumb rule. After all the prosperity is for the entire family

    DisAgree [2] Agree [56] Reply Report Abuse

  • Santosh Kumar, India

    Fri, Nov 06 2015

    With one wife people are unable to do justice. How can anybody make justice with 2,3,4 wives.

    DisAgree [1] Agree [52] Reply Report Abuse

  • MILAN, DXB

    Fri, Nov 06 2015

    IN INDIA IT MIGHT NOT WORK FOR ALL, BUT IN MIDDLE EAST IT WORKS BECAUSE THEY ARE RICH.

    DisAgree [19] Agree [9] Reply Report Abuse

  • Amin Bhoja, Patte / Riyadh

    Fri, Nov 06 2015

    Uniform civil code is the best interest of this country and the people who live within it !!!Treat equally your beloved don't differentiate and not to be selfish!!!

    DisAgree Agree [42] Reply Report Abuse

  • Vantage Point, mangalore

    Fri, Nov 06 2015

    Of course Quran allows conditional polygamy court has rightly pointed out it
    1)MARRY WOMEN OF YOUR CHOICE BETWEEN ONES TWOS THREES AND FOUR. BUT IF U CANT DO JUSTICE MARRY ONLY ONE..
    2)if at all to marry a second wife he need to take permission of earlier wife..this is the second condition...
    3)treat every wives equal
    the above person has violated all the provisions..He is unable to do justice to his earlier wife...
    There are people who misuse the law...
    dumping earlier wife and looking for new one is not restricted to certain faith...
    saying that there is no uniform civil code in the country...one of them is reservation based on castes certain castes get more privileges...secondly those dalits who choose Islam and christianity doesn't get same privileges...as dalits in other community...so where is uniform civil code

    DisAgree [14] Agree [23] Reply Report Abuse

  • sunill, bengaluru

    Fri, Nov 06 2015

    no self respecting wife will give permission to her husband for having second wife.woh zamaana gaya.yes,polygamy was prevalent in all religions untill 100 years ago.but now it is a stone age story.period.

    DisAgree [4] Agree [29] Reply Report Abuse

  • Rajesh, Mangalore

    Fri, Nov 06 2015

    Mr vantage,

    I have doubt with regard to your second point. please give some authentic sources for your second point.

    DisAgree Agree [10] Reply Report Abuse

  • Roshan, Mangaluru

    Fri, Nov 06 2015

    Polygoy could be avoided I guess if the muslim women do not consent for multiple marriages. My understanding is that it is a must. If it is correct, then the only option then left is to divorce and marry again if required. Guess both sides then can lead life without breaking any laws.

    DisAgree [2] Agree [10] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Nov 06 2015

    Some Duffers can't look after 1 wife ...

    DisAgree [11] Agree [34] Reply Report Abuse

  • shahnawaz kukkikatte, dubai/udupi

    Fri, Nov 06 2015

    Good observation n judgement..jafar is not punished but allowed to have his second wife but the observation of the judge is appreciated as islam insists on equality of treatment to wives....one more thing..many non muslims too have more than one wife..congress leader diggy singh married his girl friend as his second wife..why is he not sent to jail as per hindu marriage act??

    DisAgree [44] Agree [21] Reply Report Abuse

  • H.Almeida., Bendur/Andheri.

    Fri, Nov 06 2015

    Dude !!! Digvijay was a WIDOWER !!
    His children are all well settled in life..... he took the family members into confidence & then entered into matrimony !!!!!!! NO LIVING WOMEN WILL WANT TO SHARE HER HUSBAND LOVE WITH ANOTHER WOMEN !!!!!!!!! THESE UNFORTUNATE LADIES ARE THREATENED.. ABUSED .. MALIGNED.. SUBJECTED TO BLACKMAIL !!! REFUSAL WOULD MEAN DIVORCE !!! THEY WOULD END UPON IN THE STREETS WITH THEIR CHILDREN !!!!!!!!!

    DisAgree Agree [24] Reply Report Abuse

  • Shaan, Mangalore

    Fri, Nov 06 2015

    If BJP have said this then secular forces would have called BJP intolerant, this is right time implement Uniform Civil code, One Country One Law must for country's growth...

    DisAgree [19] Agree [53] Reply Report Abuse

  • Vantage Point, mangalore

    Fri, Nov 06 2015

    marrying after death is not a crime...but there are people like kumaraswamy who married second

    DisAgree [4] Agree [14] Reply Report Abuse

  • stan, dubai

    Fri, Nov 06 2015

    Why you are going against Kumaraswamy????
    When Darmendra Maried Hema malini, they took the advantage of Muslim Law. and BJP took them as their supporters?????

    DisAgree [8] Agree [12] Reply Report Abuse

  • ER, Mangalore

    Fri, Nov 06 2015

    very good judgement. Now stop one sided interpretation of kuran

    DisAgree [6] Agree [41] Reply Report Abuse

  • MILAN, DXB

    Fri, Nov 06 2015

    QURAN CLEARLY STATES THAT MARRY OF UR CHOICE BETWEEN ONES TWOS THREES AND FOUR. BUT IF U CANT DO JUSTICE MARRY ONLY ONE.
    NO OTHER RELIGIOUS BOOK SAYS MARRY ONLY ONE.

    DisAgree [26] Agree [39] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Nov 06 2015

    What about Dharmendra & Kumaraswamy ...

    DisAgree [14] Agree [46] Reply Report Abuse

  • Ahmed, Bangalore

    Fri, Nov 06 2015

    They misused Islam even while not being in the same faith. They should have booked and sent to prison for playing with a Religion.
    Religion is for guidance and a way of life. It not cannot be used, tuned for ones selfishness.
    They got scot-free as they were rich and elite people.
    This is how the justice of human being is. It licks the boot of rich and powerful people.
    Insha Allah, He has promised to provide justice to every individual in His court on the day of judgement and none can go scot-free including these so called human judges who sit in human court.
    More than judges lawyers are more accountable as they make false to look as truth and accept the false cases to portray as true.

    DisAgree [15] Agree [18] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Nov 06 2015

    Ahmed, his wife is a BJP MP.
    Government with a Difference ...

    DisAgree [17] Agree [11] Reply Report Abuse


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Title: Don't misinterpret Quran to have more than one wife, says HC



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