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Wife’s consent for second marriage challenged in FSC

MM News Staff by MM News Staff
May 26, 2024
Reading Time: 1 min read
file photo

file photo

A writ petition has been filed in the Federal Shariat Court’s Lahore Registry challenging Section 9 of the Muslim Family Law Ordinance, 1961, which requires a man to obtain the consent of his first wife before contracting a second marriage.

The petitioner argues that this requirement clashes with Shariah law and urges the court to declare it both un-Islamic and against the constitution.

Shahzad Adnan, a Muslim social worker, submitted the petition with the assistance of lawyers Ghulam Mujtaba Chaudhry and Muhammad Mudassar Chaudhry. Adnan asserts that Section 9 of the ordinance, which demands that a man seeks written consent from the arbitration council before marrying again, contradicts Shariah principles.

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According to the petition, this section directly conflicts with Shariah and should be deemed incompatible with Islamic law and the constitution.

Adnan also referenced a verse from the Holy Quran, specifically “Surah An-Nisa Verse 3,” which permits men to marry up to four women under the condition of fairness and justice. He argues that this verse grants the authority to marry multiple women without necessitating consent from the first wife.

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