Is a Second Marriage Legal in Pakistan Without Permission?

 permission for a Second Marriage in Pakistan for Muslim men is a complex issue, shaped by the interaction between Islamic principles and statutory law. Islam allows a Muslim man to marry up to four wives simultaneously, provided he can treat them all justly. However, Pakistani law adds an important procedural safeguard: prior written permission from the Arbitration Council is mandatory under the Muslim Family Laws Ordinance, 1961 (MFLO). This legal requirement often raises the question: Is a second marriage legal in Pakistan without permission?

To answer this, one must distinguish between the religious validity of the marriage and its legal acceptability under Pakistani civil law.

1. Islamic Perspective: Religious Validity

From a purely Islamic standpoint, a man may marry more than one woman, up to four, if he is capable of fulfilling the condition of justice among them. The Holy Qur’an (Surah An-Nisa, 4:3) permits polygamy, emphasizing fairness:

“...then marry those that please you of [other] women, two, or three, or four. But if you fear that you will not be just, then [marry only] one.”

There is no requirement in Islamic law for a man to seek the consent of his first wife or to obtain permission from any state authority. Hence, in religious terms, a second marriage performed without such permission is still considered valid (nikah sahih).

2. Legal Perspective: Civil Consequences

However, Pakistani law introduces an important regulatory mechanism. Under Section 6 of the Muslim Family Laws Ordinance, 1961, it is mandatory for a man to:

Apply in writing to the Union Council

Clearly state his reasons for contracting a second marriage

Await the formation of an Arbitration Council

Obtain written permission before marrying again

If he fails to do so, his marriage may still be valid in religious terms, but it becomes illegal under Pakistani civil law.

3. Legal Status of Marriage Without Permission

So, is a second marriage without permission “illegal” in the sense of being void or invalid?

The answer is nuanced:

The second marriage is not void under Islamic law or under Pakistani law. The nikah remains religiously valid.

However, it is unlawful because it violates Section 6 of the MFLO. The man can be prosecuted and penalized, even though the marriage is not annulled automatically.

Thus, the second marriage exists legally but is in breach of law—this is what is referred to as being "illegal but not invalid."

4. Legal Consequences of Second Marriage Without Permission

Contracting a second marriage without permission has several serious legal repercussions in Pakistan:

a. Criminal Punishment

Under Section 6(5) of the MFLO, if a man marries again without permission:

He may face imprisonment up to one year

He may be fined up to Rs. 500,000

He may face both imprisonment and fine

b. Right of the First Wife to Seek Divorce

The first wife can file for dissolution of marriage (khula or judicial divorce) on the grounds of cruelty, betrayal, or violation of legal obligations.

c. Maintenance and Financial Penalties

The husband remains liable to financially support his first wife and children. The court may also order additional compensation to the first wife for emotional harm caused by the unauthorized marriage.

d. Criminal and Civil Suits

In many cases, the first wife files a criminal complaint for violating Section 6 and may also initiate civil suits for compensation, property claims, or maintenance.

5. Role of the Arbitration Council

The Arbitration Council, under the Union Council’s supervision, is responsible for evaluating a man’s application for second marriage. The council ensures that:

The first wife is informed and heard

The man presents valid reasons, such as infertility, illness, or domestic discord

Permission is only granted if the marriage is found to be “just and necessary”

Skipping this step makes the marriage legally improper, even if it’s religiously sound.

6. Second Wife’s Rights and Position

A woman who marries a man without knowing that he is already married—and without the legal permission—may find herself in a difficult position. Although the marriage is valid under Islamic law:

She may face social stigma

She may encounter property and inheritance disputes

If fraud was involved (such as hiding the first marriage), she may have the right to seek annulment or compensation

7. Judicial Trends and Court Rulings

 Permission for Second Marriage in LahorePakistani courts have repeatedly emphasized the importance of following the legal procedure. In the case of Zahida Khatoon v. Habib Ahmed, the court upheld the criminal conviction of a husband who married again without obtaining permission, stating that it was a breach of the first wife’s legal rights.

Conclusion

While a second marriage without permission in Pakistan is religiously valid, it is legally punishable under Pakistani family law. The Muslim Family Laws Ordinance, 1961, requires a man to obtain prior written approval from the Arbitration Council before marrying again. Non-compliance may lead to imprisonment, fines, and divorce proceedings, along with potential emotional and financial consequences for all parties involved.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.

Therefore, although such a marriage technically “exists,” it is not considered legal in the eyes of the law, and those who disregard the law do so at significant personal and legal risk. Men intending to contract a second marriage in Pakistan must strictly follow the legal procedure to avoid conflict, litigation, and punishment.