Introduction
Taking on a second marriage has many complexities in the Asian subcontinent.
Religion, social pressures, and legalities converge in challenging ways. In the Muslim faith, taking on a second marriage (a third, and a forth too) is permitted, with conditions; however, they mostly lead to many controversies. Especially if the first wife has zero knowledge of it.
Sphere Medium likes to keep their readers up to date with varied information and current affairs. Keep reading to find out more about second marriages in the South Asian region, their cultural impact, religious dynamics, the legalities, and also a narration of the Prophet Muhammad (PBUH) on an incident.
The complexity of a second marriage
A second marriage in the South Asian region is a very touchy, or should we say a very controversial, topic.
These marriages mostly happen without the knowledge of the families and mostly without the first wife’s consent.
These husbands choose to marry again without their first wives permission, due to society pressures or fear of conflict. The secret of a second marriage is just as challenging and emotionally draining for the man who took this decision, as is for the wife to. The finding out of a second marriage, can play havoc on family dynamics and emotionally scar the first wife forever.
While social norms may sometimes discourage women from challenging their husbands’ decisions for a second marriage, modern awareness and support networks are now helping more and more women seek clarity and, in some cases, legal recourse. A second marriage is an absolutely sensitive topic that requires to be handled with extreme care and transparency to avoid damage to family relationships, though the thought of a second marriage is just as damaging.
Legalities of a second marriage
The second marriage law varies significantly across the South Asian continent.
Pakistan
Under Pakistani law, a man must obtain permission from his first wife and a local arbitration council before taking on a second marriage. Failure to obtain consent and legal approval can result in fines and even imprisonment.
India
For Hindus, a second marriage is prohibited by law unless the first marriage is dissolved. For Muslims, polygamy is allowed under religious law; however, court rulings increasingly stress the importance of transparency and fairness.
Bangladesh
Similar to Pakistan, the law in Bangladesh requires the man to seek the permission of the first wife. Failing to do so and keeping it secret leads to penalties.
These legalities are set in place for the protection of the first wife, ensuring fairness to herself and if any children are involved.
Shariah law and the Prophet Muhammad's (PBUH) guidance
Shariah law islamically permits the man to take on up to 4 wives, with the condition of treating them all fairly and equally. But the principle of fair and equal treatment of all is most challenging.
Polygamy is permitted under some conditions, which the Quran also puts emphasis on – caring for the widowed and the orphans when considering taking on a second marriage.
There is also an important hadith (narration) that sheds light on how the Prophet Muhammad (PBUH) viewed second marriages, especially in terms of family harmony and emotional well-being.
Popular Hadith
The hadith about the Prophet Muhammad’s (PBUH) disapproval of his son-in-law Ali ibn Abi Talib’s intention to take a second wife is recorded in both
Sahih al-Bukhari and Sahih Muslim, the two most authentic collections of hadith in Sunni Islam.
In this instance, Ali ibn Abi Talib, who was married to the Prophet’s daughter, Fatimah, considered taking on a second wife, specifically the daughter of Abu Jahl, a prominent figure known for his opposition to the Prophet and Islam.
When the Prophet Muhammad (PBUH) learned of Ali’s intentions, he publicly expressed his disapproval, emphasizing his deep concern for Fatimah’s well-being.
The relevant narrations
The relevant narrations are:
Sahih al-Bukhari, Book 62, Hadith 157 (in some collections, it appears as Hadith 5230 or 3110):
The Prophet said:
“Fatimah is a part of me, and whoever causes her distress, distresses me.”
Sahih Muslim, Book 31, Hadith 6001 (also recorded in different collections as Hadith 2449):
The Prophet Muhammad (PBUH) further elaborated by saying that he would not allow his daughter and the daughter of the “enemy of Allah” (referring to Abu Jahl) to be married to the same man.
Conclusion
The Hadiths’ mentioned above highlight clearly how important emotional consideration is in a marriage. Causing emotional damage to the first wife, which can easily be avoided, should not be taken lightly. The Prophet’s guidance indicates that causing emotional harm to one’s spouse, especially when it could be avoided, should be taken seriously.
The Prophet Muhammad’s life is an example itself, which serves us as a reminder that while Islam permits polygamy, it also requires a lot of thought regarding fairness, family unity, and compassion. Meaning: Always consider the effects a second marriage would have on your first wife.
Thank you for reading. To ensure authenticity and thoroughness, I used a range of sources when putting this blog together. Do leave feedback in the comments section below, and carry on reading here at Sphere Medium.
FAQs
Is it permitted for men to take on a second marriage without informing the first wife?
Not permitted in Pakistan or Bangladesh as there are some legalities that need to be followed.
Is polygamy widely accepted in South Asia?
It’s mostly done in secret, which causes the first wife a lot of distress when she finds out. Accepting the second marriage depends on woman to woman and under what consequence the second marriage was done and how she found out.
Having said that, a second marriage is and will always remain a very controversial topic in the South Asian subcontinent.
Does Shariah law support taking on a second marriage without any conditions?
Absolutely not! Shariah law strictly puts emphasis on equality, fair treatment of all wives which in reality is extremely challenging.
What are the penalties in Pakistan for taking on a second marriage without first wife's consent?
Unauthorised second marriages can be heavily fined and sometimes imprisonment.
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