Second Marriage in Muslim Law ..


Is there second marriage is punishable offence in muslim law if the first wife is neither living with her husband since 6 months nor giving divorce.

Answers (3)


150 votes

under Muslim Marriage Act second marriage is not at all prohibitted. in fact a person can do four marriages, however he also should be capable of keeping and feeding them properly with all worldly necessities of life in a respectable manner.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

136 votes

It's not punishable under Muslim Law
Under Muslim Law, a husband is allowed to have four wives at a time, however, one of the hadith says that he should seek his previous wife's permission before marrying again. While this is not mandatory, it is advisable to do so. Living or non-living of wife together has no bearing on it.

If you do not treat the two wives equally, any of the wives feeling non-equal treatment is entitled to divorce on grounds of cruelty under the1937 Act.

Popular Family Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
35 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
17 years Experience
229 votes

In Islam, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Law, a man can have up to 4 wives, but a woman can only have one husband at a time.
A second marriage by a Muslim, who is entitled to four wives, is not an offence under the provisions of Indian Penal Code, 1860. Contact a local lawyer who may be expert in Muslim laws for further help in details.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."