Islam Permits Polygamy Only When A Man Can Do Justice Between Wives : Kerala High Court

Kerala High Court has observed that Islam permits polygamy only when a man has the ability to give equal justice to his wives. Justice P.V. Kunhikrishnan, made the observations while disposing of a revision petition, which upheld a Family Court order that had dismissed a claim by the petitioner wife , who sought ₹10,000 monthly maintenance from her husband, a blind man who survives on alms and occasional assistance from neighbours.The petitioner argued that her husband was threatening to marry again despite already having two wives. The Court noted that Muslim personal law permits polygamy only subject to the ability to maintain multiple wives, stressing that financial incapacity renders subsequent marriages untenable. Referring to Quranic verses (Chapter 4, verses 3 and 129), the Court clarified that the spirit of Islamic law is monogamy, with polygamy as an exception conditioned by justice and capability.“The spirit and intention of these verses is monogamy, and polygamy is only an exception. The Holy Quran greatly stresses 'justice'. If a Muslim man can give justice to his first wife, second wife, third wife and fourth wife, then only marriage more than once is permissible. The majority of the people in the muslim community are followers of Monogamy, even if they have the wealth to maintain more than one wife. That is the true spirit of the Holy Quran also.” the court observed "The small minority among the muslim community who are following polygamy, forgetting the verses of the Holy Quran, are to be educated by the religious leaders and society." the Court added.The Court noted that it is the duty of the State to counsel about the fundamental principles of Muslim customary law, and hence he should be counselled appropriately. "It is also the duty of the State to see that if a blind man who is begging in front of the mosque and who belongs to the Muslim community is marrying one after another without even having knowledge of the fundamental principles of Muslim customary law, he is counselled appropriately." it noted. The Court further noted that it is the duty of the State to protect the destitute wives who are the victims of polygamy in the Muslim community. The Court directed that appropriate counselling should be given to the respondent by the department concerned of the government, assisted by competent counsellors, including religious leaders, to avoid another marriage by him, resulting in another woman being left as a destitute wife. "The State should, if possible, reunite the petitioner and the respondent, which would be a feather in the cap of a democratic government." it added. The Court thus dismissed the revision petition, confirming the Family Court decision and directed the copy of the judgment to be given to the Secretary, Social Welfare Department, State of Kerala for appropriate action. Case Title: Jubairiya v Saidalavi Case No: RPFC 221/ 2021Citation: 2025 LiveLaw (Ker) 586Counsel for Petitioner: E C Ahmed FazilCounsel for Respondent: K Rajesh Kannan, Seetha P, Ajith C RClick Here To Read/ Download Judgment

Islam Permits Polygamy Only When A Man Can Do Justice Between Wives : Kerala High Court

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