Muslim Men Must Treat Wives Equally, Cautions Against Misuse of Quranic Provision: Allahabad HC
The Allahabad High Court’s decision underscores the complex interplay between religious personal laws and constitutional principles, reigniting the debate over a Uniform Civil Code in India.
PRAYAGRAJ– The Allahabad High Court has issued a significant ruling clarifying the legal and religious boundaries of polygamy under Muslim personal law, emphasizing that a Muslim man may marry multiple times only if he can treat all wives equally, as mandated by the Quran. The court, presided over by Justice Arun Kumar Singh Deshwal, expressed concern over the misuse of this provision for “selfish purposes” and advocated for the implementation of a Uniform Civil Code (UCC) to address such issues.
The ruling came in response to a petition filed by Furkan, a resident of Moradabad, who sought to quash criminal proceedings against him, including charges of bigamy and rape. The complainant, a woman, alleged that Furkan married her without disclosing his existing marriage.
Furkan’s counsel argued that Muslim personal law permits a man to marry up to four women, and the complainant knowingly entered the marriage. In its 18-page judgment, the court ruled that Furkan’s second marriage was valid under Mohammedan law, as both parties were Muslim, and dismissed the bigamy and rape charges. The matter has been listed for further hearing on May 26, 2025.
Delving into the historical and scriptural context, Justice Deshwal noted that polygamy is mentioned only once in the Quran and is subject to strict conditions. “There was a time in history when a large number of women were widowed, and children were orphaned in primitive tribal tussles in Arabia.
The Muslims suffered heavy casualties in defending the nascent Islamic community in Medina. It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation,” the court observed.
The bench clarified that the Quran instructs men to prioritize caring for orphans and to consider marrying their widowed mothers only if they cannot ensure justice to the orphans’ interests otherwise, provided the new family is treated equitably.
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The court emphasized that a Muslim man does not have an unfettered right to enter a second marriage unless he can fulfill the Quranic mandate of equal treatment. It cited the Gujarat High Court’s 2015 ruling in Jafar Abbas Rasool Mohammad Merchant vs State of Gujarat, which stated that the Quran forbids polygamy for self-interest or sexual desire, and urged religious authorities to prevent misuse of this provision.
Addressing the legal implications under Section 494 of the Indian Penal Code (IPC), which deals with bigamy, the court clarified that if a Muslim man’s first marriage is conducted under Muslim’s law, subsequent marriages (up to four) are not void, and thus, bigamy charges do not apply unless the second marriage is declared batil (void) under Shariat, such as in cases of prohibited relationships.
However, bigamy charges would apply if the first marriage was performed under statutes like the Special Marriage Act, Hindu Marriage Act, or Christian Marriage Act, and the man converts to Islam to remarry under Muslim law. The court noted that the Family Court, under Section 7 of the Family Courts Act, 1984, has jurisdiction to determine the validity of Muslim marriages.
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The bench expressed alarm over the “widespread misuse” of polygamy, stating, “Islam permits more than one marriage only under certain circumstances and with certain conditions, but this permission is widely misused even against the mandate of Muslim law.” Aligning with the Supreme Court’s observations in the Sarla Mudgal and Lily Thomas cases, the court reiterated the need for a UCC to ensure equality and uniformity in personal laws, urging the legislature to consider such reforms.
The ruling has sparked varied reactions. Some legal experts and activists have welcomed the court’s emphasis on equal treatment and its call for a UCC, viewing it as a step toward protecting women’s rights. However, others have criticized the judgment for potentially reinforcing polygamous practices. P
The Allahabad High Court’s decision underscores the complex interplay between religious personal laws and constitutional principles, reigniting the debate over a Uniform Civil Code in India. As the case progresses, it is likely to fuel further discussions on balancing religious freedoms with gender equality and legal uniformity.
