Allahabad High Court Flags Misuse of Polygamy in Islam, Clarifies Legal Position on Bigamy for Muslim Men
By Rajesh Pandey
In a significant ruling, the Allahabad High Court has observed that while Islam permits polygamy under specific circumstances, this allowance is increasingly being misused for personal and selfish reasons, often in contravention of both the spirit of the Quran and the Shariat (Islamic law).
Justice Arun Kumar Singh Deshwal, who passed the order, emphasized that the original intent behind allowing multiple marriages in Islam was humanitarian, particularly in the context of historical wartime conditions, not to justify opportunistic or unethical behavior by men.
Polygamy: A Conditional Provision, Not an Absolute Right
The court noted that the Quran allowed polygamy in early Islamic society to protect widows and orphans who were vulnerable following the death of many men during wartime.
However, Justice Deshwal stressed that this was a conditional allowance, never meant to serve personal indulgences or exploitative intentions.
Citing a judgment from Jafar Abbas vs State, the court highlighted that even the Quran forbids polygamy when the motive is selfish gratification, adding that it is incumbent upon religious leaders (maulvis) to educate the community and prevent misuse of such religious provisions.
Uniform Civil Code and Supreme Court Recommendations
The court referred to landmark Supreme Court cases such as Sarla Mudgal and Lily Thomas, in which the apex court had suggested the implementation of a Uniform Civil Code (UCC) as outlined in Article 44 of the Constitution of India.
These references were used to bolster the court’s observation that religious laws must evolve to prevent their exploitation, particularly when they adversely impact vulnerable individuals, especially women.
Clarifying the Legal Status of Multiple Marriages and Bigamy Under IPC
Justice Deshwal’s ruling also addressed Section 494 of the Indian Penal Code, which criminalizes bigamy. The court explained the specific circumstances under which a second or subsequent marriage by a Muslim man would or would not be considered a criminal offence:
- If the first marriage is solemnized under Muslim personal law (Mohammedan Law) and is valid under Shariat, then up to four marriages are permissible.
- In such cases, a second marriage would not attract Section 494 IPC, unless the second marriage itself is declared Batil (void) by a competent authority under Shariat, such as when it occurs within prohibited degrees of kinship.
- However, if the first marriage was performed under secular laws such as the Special Marriage Act, 1954, Hindu Marriage Act, 1955, Christian Marriage Act, 1872, or any other non-Islamic personal law, and the person subsequently converts to Islam to perform a second marriage under Muslim Law, then the second marriage is considered void, and Section 494 IPC would apply. This is consistent with earlier rulings that bar individuals from using religious conversion as a means to circumvent monogamous marital laws.
Case Background: Furkan vs State – Rape and Bigamy Allegations
The ruling came in response to a petition filed by Furkan and two others, challenging a chargesheet and summoning order issued by a Moradabad court. The case involved multiple charges under the Indian Penal Code, including:
- Section 376 (rape)
- Section 495 (concealment of former marriage)
- Section 120-B (criminal conspiracy)
- Section 504 (intentional insult)
- Section 506 (criminal intimidation)
The First Information Report (FIR) was lodged by the complainant (opposite party no. 2), who alleged that Furkan married her without disclosing his existing marriage and that he raped her during the subsistence of that marriage.
Furkan, however, denied these allegations. His counsel argued that the complainant knew about the first marriage and had entered into a relationship with him willingly. Furthermore, they argued that Muslim personal law permits a man to marry up to four women, and hence, no offence under Section 494 IPC (bigamy) would be applicable.
The defense also cited the Muslim Personal Law (Shariat) Application Act, 1937, asserting that this Act is a Special Law and would thus override the general provisions of the IPC in cases of conflict.
Counterargument by the State
The state counsel contested the claim that Muslim personal law automatically shields all second marriages from criminal scrutiny. It was pointed out that not all second marriages are automatically valid under Muslim law, particularly when the first marriage was not governed by Islamic law. In such cases, the second marriage may indeed be invalid (Batil), and hence, Section 494 IPC would be attracted.
Court’s Analysis and Interim Relief
After reviewing all arguments, the High Court emphasized that plurality of marriage is not an absolute right under Islamic law and must be judged on a case-by-case basis, factoring in whether the first marriage was valid under Muslim law and whether the second marriage complied with Shariat.
In this specific case, since both Furkan and the complainant were Muslims, and there was no conclusive evidence at this stage that the second marriage was void under Shariat, the court held that no prima facie case of bigamy under IPC was made out.
Accordingly, the court:
- Issued notice to the opposite party (complainant),
- Stay any coercive action against Furkan until further orders, and
- Scheduled the matter for further hearing in the week commencing May 26, 2025.
This ruling is significant not only for its legal clarity on bigamy in Muslim personal law but also for highlighting the ethical misuse of religious provisions. It further strengthens the call for legal reforms that protect individual rights while maintaining respect for religious freedoms.
