Daily Times

Last week,the Islamabad High Court declared it mandatory to seek permission from the arbitration council for contracting second marriage, even if the husband had prior permission from the first wife.

This landmark judgment was pronounced by the IHC’s Chief Justice Athar Minallah The Honourable Judge ruled that, “A man who intends to contract another marriage during the subsistence of an existing marriage has to observe the procedure and fulfill the conditions prescribed by the legislature otherwise the consequences of imprisonment or fine or both could ensue,”

According to Muslim Family Laws Ordinance, 1961: “During the subsistence of an existing marriage, no man shall contract another marriage except with the previous permission in writing of the arbitration council.”In the decision, it was made clear that despite the first wife’s agreement if the arbitration council disagrees with the decision then the person will be liable to punishment.

Contrary to the popular belief that the consent of first wife is the only requirement for second marriage, Islamabad High Court (IHC) has declared that approval of Arbitration Council is even compulsory for contracting second marriage. IHC Justice Athar Minallah, while accepting an appeal filed by Dilshad Bibi, upheld the sentence awarded to her husband by the trial court for contracting second marriage without the prior approval of the Arbitration Council as well as of the petitioner woman.

This verdict is a big victory for women who have been fighting against patriarchy and injustices in society. Gender Equality in Pakistan is specifically guaranteed in the Constitution of Pakistan adopted in 1973. The constitution stipulates that “there shall be no discrimination on the basis of sex alone.”

In predominantly conservative male-dominated communities in Africa and Muslim-majority countries it is part of traditional or religious customs to have multiple wives.Most polygamous marriages fuel poverty – with husbands neglecting one family over another – leaving thousands of women and children impoverished and easy prey for exploitation.

It is ironical that when the Quran is so much concerned with doing justice to women, the Pakistan’s Council of Islamic Ideology (CII) considers it a violation of Sharia law which did not bind a man to seek permission from his first wife to contract a second marriage

Under the Muslim Family Laws Ordinance, a second marriage was allowed to the husband if his first wife gave him written permission, which used to be taken from the first wife by the husband under duress and threats. Thus second marriage had never been a problem to the husband due to frailty of the first wife, but by this decision, unless the Arbitration Council after hearing the weaker party also allows a second marriage in the circumstances of the case, no second marriage can take place, even if the first wife had given her consent under some compelling reasons.

Under Islamic marital jurisprudence, Muslim men were allowed to practice polygyny (because men usually died in internecine warfare and were thus outnumbered by women) that is, they could have more than one wife at the same time, up to a total of four. In Sura 30(Ar-Rum) of the Quran the polygyny is allowed in special situations; however, it advises monogamy if a man fears he can’t deal justly with them. This way you are less likely to commit injustice. Thus doing Justice with women was the primary pre-condition laid down by the Quran.

Muslim women aren’t allowed to marry more than one husband at a time. However, in the case of divorce or their husbands’ death they can remarry after the completion of Iddah, as divorce is legal in Islamic law.

It is ironical thatwhen the Quran is so much concerned with doing justice to women, the Pakistan’s Council of Islamic Ideology (CII) considers it a violation of Sharia law which did not bind a man to seek permission from his first wife to contract a second marriage.But in Pakistan, the written law of the Parliament or the courts has to take precedenceover the un-codified Sharia law. Thus under the present ruling, permission from an arbitration council is a must for the second marriage

It is a strange paradox that while we live in an era of globalization, family laws remain almost completely local and parochial. Family lawsare handled in the United States at the state level. In the U.S. family laws are by and large made or changed by state legislatures according to their local conditions.

In the West, the incidents of non-marital heterosexual partnerships and of the same-sex relationships are growing enormously, yet the Western world seems to be least bothered about reforming their own family laws and thus they are more inclined to make room for social convenience. A new community involving open or secret sexual union between lesbian, gay, bisexual, and transgender (LGBT) is spreading which indicates their perversion and chaotic life styles and a revolt against the time-honored institution of marriage. Pakistan is fairly safe from these dangerous trends.

The urge for polygamy (keeping two or more wives) in men is very ancient and it was the practice of the ruling kings, princes and big feudal lords. Other than Muslim countries, it is mostly forbidden, but even in countries where polygamy is illegal, men secretly indulge in it by keeping one or more mistresses, whom they do not marry. The terms girlfriend and boyfriend denote the same kind of relationships. The status of a mistress is not that of a wife, and any children born of such relationships are considered illegitimate and subject to many legal disadvantages.Polygyny has been criticized by feminists who believe that women should be equal to men and not subject to them in marriage.

Polygamy in India is, in general, prohibited and the vast majority of marriages are legally monogamous. Polygyny among Christians was banned in the late 19th century, while The Hindu Marriage Act, 1955 banned polygyny for Hindus.

Polygyny is not forbidden in the Old Testament but many Christian and Judaic patriarchs were known to be polygamous.The New Testament is largely silent on polygamy,

While forms of long-term sexual relationships and co-habitation short of marriage have become increasingly common in the Western world. In modern usage, a non-marital domestic relationship is commonly referred to as girlfriend, orboyfriend, a mistress, fiancée, lover or life partner.

The Pakistani women of today do, however, enjoy a better status than in the past. In modern Pakistan, women have held high offices including that of the Prime Minister, Speaker of the National Assembly, Leader of the Opposition, as well as federal ministers, judgesand generals in the armed forces.

Nobody could predict that a time would come when All Pakistan Ulema Council would issue fatwas denouncing “honour killings. Now we are passing through a phase where empowerment of women is the cardinal objective of all governments. During the reactionary reign of ZiaulHaq, a Women’s Division was created in the Cabinet secretariat. However his Hadood Ordinance had envisaged some inequalities against women and he banned women from participating in sports and also promoted purdah.

Later the Commission for Women (1997) clearly recommended that the Hudood legislation must be repealed as it discriminates against women and is in conflict with their fundamental rights.

The country’s first all-women university, named after Fatima Jinnah, was inaugurated on 6 August 1998.

In Pervez Musharraf’s regime, the case of Mukhtaran Mai brought the plight of rape victims in Pakistan under an international spotlight. In September 2004, the Ministry of Women Development was made an independent ministry, separating it from the Social Welfare and Education Ministry.

In late 2006, the Pakistani parliament passed the Women’s Protection Bill, repealing some of the provisions of Hudood Ordinances. Thebill became law and allowed for DNA and other scientific evidence to be used in prosecuting rape cases.

The Cabinet also approved reservation of 10% quota for women in Central Superior Services in its meeting in July 2006.

In 2006, The Protection of Women (Criminal Laws Amendment) Act was also passed.Much subsequent legislations were passed criminalising the primitive practices of Vani, watta-satta,and fixed capital punishments for acid-throwing on women. Separate legislations were passed againstkaro-kari and child marriage(Vani) etc.

These trends manifestly show that in Pakistan, very shortly women will proudly walk alongside men in all fields of life.

The writer is a former member of the Provincial Civil Service, and an author of Moments in Silence