Juristic Debates on Consent of Wife for Second Marriage in Pakistan: Views in Shariah Perspective

Abstract

Islamic Sharia gives significance to the marriage and great importance to the consent of prospective husband and wife for a legal contract of marriage. It significance is evident though the Quranic injunctions and traditions of the Prophet Muhammad (P.B.U.H) who used to take consent of his daughters even after divine order. Muslim Jurists define consent as the prerequisite of the marriage contract in absence of it is invalid. The present research is an effort to explore the consent of wife before second marriage. In Sharia, the second marriage is valid for husband in presence of first wife and it is considered that husband don’t require any permission from his wife for second marriage as it is his right established by Sharia by the referring Surah Nisa, 4:129 marry women of your own choice. The Quranic evidence along with the practices of the Companions of the Prophet for not taking permission before conducting second marriage. The debate on Section 6 clause 2B of Muslim Family law 1961 generate the legal clause of consent of wife before second marriage. Since Sharia has not specified any such condition before another marriage therefore objection generated on this clause. The methodology adopted for the present research is qualitative based on the evidences of Quran and Hadith literature to draw the actual facts and give suitable recommendations in this regard.