Women's Rights in the Case of a Husband’s Second Marriage

In many Islamic countries, including Permission of Second Marriage in Pakistan, a man is legally allowed to marry more than once, under specific conditions. However, while polygamy is permitted under Islamic law, it is not unrestricted. The rights of the first wife are protected both by religious principles and national laws to ensure that justice and fairness are maintained within the family unit. This essay explores the rights of women in the case of their husband's second marriage, focusing on legal protections under Pakistani law, relevant Islamic teachings, and the social implications for women affected by such marriages.

Legal Framework in Pakistan

Pakistan has introduced legal safeguards through the Muslim Family Laws Ordinance, 1961, to regulate second marriages and protect the rights of the first wife. Section 6 of this ordinance clearly states that:

"No man, during the subsistence of an existing marriage, shall contract another marriage except with the prior written permission of the Arbitration Council."

To obtain this permission, the husband must submit a written application to the local Union Council, explaining his reasons for wanting to contract a second marriage. The Union Council then forms an Arbitration Council, which considers the interests of all parties, especially the first wife.

If the husband fails to obtain this permission and goes ahead with the second marriage, he commits a punishable offense under Pakistani law. The consequences include:

• Imprisonment for up to one year

• Fine up to Rs. 500,000

• Or both

Even though the second marriage itself is not considered void, the husband is still criminally liable, and the first wife may have the legal grounds to seek remedies under family law.

Right to Divorce (Talaq or Khula)

If a man contracts a second marriage without the consent of the first wife, the first wife may feel betrayed or emotionally hurt. Pakistani family law provides women with the right to seek Khula (judicial divorce) if the marriage becomes unbearable due to such actions. If the husband has violated the conditions of the marriage contract (Nikahnama) or has failed to maintain justice between the wives, the first wife can seek divorce on those grounds.

In many Nikahnamas (marriage contracts), there is a specific clause asking whether the wife grants the husband permission to marry again. If the wife says “no” and the husband later violates this clause, it can be used as legal evidence in her favor during divorce proceedings.

Right to Maintenance

According to Islamic principles and Pakistani law, the husband is obligated to provide equal financial support to all his wives. The husband must treat each wife with justice in terms of housing, food, clothing, time, and emotional care.

If a husband fails to maintain his first wife after marrying another, she can approach the Family Court to claim her right to maintenance. The court can issue orders for monthly maintenance, and non-compliance can lead to legal penalties, including attachment of the husband’s property or salary.

Right to Dowry and Dower (Mehr)

The first wife retains her rights to dower (mehr), even if her husband contracts another marriage. If the agreed amount has not been fully paid, she can file a suit in Family Court to recover it. Similarly, if any dowry articles are in the possession of the husband or his family, the wife has the right to reclaim them legally.

Right to Custody and Welfare of Children

In the event of marital discord or separation due to a second marriage, the first wife often becomes the primary caregiver of the children. Pakistani law grants custody based on the welfare of the minor, not based on the father’s preferences. If the second marriage results in emotional neglect or harm to the children, courts generally favor the mother in custody decisions. The husband is still obligated to provide for the children financially, regardless of custody.

Social and Emotional Impact

Though  Permission for a Second Marriage may be legally permitted, they often lead to emotional distress, social stigma, and financial insecurity for the first wife. Many women suffer silently due to social pressures and a lack of awareness about their legal rights. In conservative societies, women are often discouraged from seeking divorce, even when their rights are violated.

Women who are aware of their rights under Islamic and Pakistani law are better positioned to protect themselves. Legal literacy and awareness campaigns are essential to empower women to assert their rights when a second marriage occurs without due process or fairness.

Conclusion

While Islam allows second marriages, it also places a strong emphasis on justice, fairness, and the protection of women’s rights. Pakistani law builds upon these principles by mandating written permission from the Arbitration Council and ensuring legal safeguards for the first wife. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. Women have the right to consent, the right to divorce, the right to maintenance, and the right to custody and property. To prevent abuse and ensure fairness, these rights must be upheld through strong legal enforcement and public awareness. In the case of a husband’s second marriage, a woman is not powerless; she is protected by both religion and law, and these protections must be respected in both letter and spirit.