What does the Muslim Family Laws Ordinance say about a second marriage?

Khadjia Law
Aug 12
4 min read

The Permission of Second Marriage in Pakistan Muslim Family Laws Ordinance, 1961 (MFLO) is one of the most important pieces of family legislation in Pakistan. It governs several aspects of Muslim personal law, including marriage, divorce, and maintenance. When it comes to second marriages, the MFLO does not prohibit them outright, but it places strict procedural requirements to ensure fairness and justice, particularly for the first wife.

1. The Legal Framework: Section 6 of the MFLO

The main provision dealing with a second marriage is Section 6 of the Muslim Family Laws Ordinance. It lays down that:

A man cannot contract another marriage during the subsistence of an existing marriage without prior written permission from the Arbitration Council.
He must apply to the Chairman of the Union Council (or relevant local authority) stating:
- The reasons for the proposed marriage.
- Whether consent of the first wife has been obtained.
The Chairman will constitute an Arbitration Council, which will:
- Give notice to the existing wife or wives.
- Provide all parties with an opportunity to be heard.
- Consider the circumstances and decide whether permission should be granted.

Only after receiving written permission from this Council may the man lawfully proceed with a second marriage.

2. Purpose of the Regulation

Section 6 was introduced to protect the rights of the first wife and to prevent misuse of the Islamic allowance for multiple marriages. In Islam, a man is permitted to have up to four wives but only if he can treat them all with justice and equality. The MFLO’s procedural safeguard ensures that:

The first wife is aware of the second marriage.
She has a chance to voice her concerns.
The husband provides a reasonable justification.
The Arbitration Council can assess whether the marriage would cause undue hardship.

3. Consent of the First Wife

While the Ordinance asks whether consent from the first wife has been obtained, it does not make her consent the sole deciding factor. The Arbitration Council has the final authority to approve or reject the application, even if the wife refuses. However, refusal by the first wife is taken seriously and can influence the decision.

4. Consequences of Not Following the Law

If a man marries again without following the procedure in Section 6, the MFLO treats it as a punishable offence. Under Section 6(5):

The husband can be sentenced to imprisonment of up to one year.
He may be fined up to Rs. 500,000.
He may face both imprisonment and fine.

These punishments are in addition to any civil consequences, such as increased maintenance claims or divorce proceedings initiated by the first wife.

5. Validity of the Marriage

One important point is that under Islamic law, the second marriage remains religiously valid if it meets the Shariah requirements—offer, acceptance, witnesses, and dower. However, under Pakistani civil law, marrying without permission is illegal and subject to penalties. This means:

The marriage is not void, but it is a legal offence.
The first wife can use this as a basis for legal action, including seeking divorce.

6. Role of the Arbitration Council

The Arbitration Council plays a central role in regulating second marriages. It is composed of:

The Chairman of the Union Council.
A representative nominated by the husband.
A representative nominated by the existing wife.

The Council considers:

Whether the husband can maintain justice and equality between wives.
Whether his reasons are genuine.
Whether the marriage would cause hardship to the first wife.

Only after a fair hearing can permission be granted.

7. Rights of the First Wife After Second Marriage

If the second marriage is contracted lawfully, the first wife still retains:

Right to maintenance.
Right to equal treatment in terms of accommodation, time, and financial support.
Right to seek divorce if she feels aggrieved, especially if there’s a clause in the Nikahnama prohibiting second marriage.

If the marriage is contracted without permission:

She can lodge a criminal complaint.
She can claim increased maintenance.
She can seek dissolution on grounds of cruelty or breach of marital obligations.

8. Judicial Interpretation

Pakistani courts have clarified through judgments that:

The aim of Section 6 is not to ban second marriages but to regulate them for justice.
Marrying without permission is an offence, but it does not nullify the marriage itself.
The first wife’s testimony and interests are given considerable weight.

In several cases, husbands have been fined and imprisoned for violating Section 6, even though their marriages remained religiously valid.

9. Social and Moral Dimensions

Permission for Second Marriage Beyond the law, the MFLO’s regulation reflects the moral teaching of Islam that multiple marriages are a responsibility, not a privilege. By requiring prior permission, the law seeks to balance the husband’s rights with the wife’s dignity and security, and to avoid secret marriages that can lead to emotional and financial harm.

10. Conclusion

The Muslim Family Laws Ordinance, 1961, through its Section 6, does not prohibit second marriages but regulates them strictly. It ensures that:

The first wife’s rights are considered.
The husband must justify his decision.
A formal process is followed before proceeding.

Failure to comply can lead to imprisonment, heavy fines, and marital disputes, even though the marriage remains religiously valid. In practice, this provision serves as a legal and moral check against injustice, upholding the principle of fairness enshrined in both Islamic and Pakistani law.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.

If you want, I can also prepare a separate version summarizing Section 6 word-for-word from the MFLO along with real case law examples where courts enforced it. That would make it even stronger legally.