Muslim marriage is governed under personal law, Polygamy is legal but only for the purpose of Muslim law, IF in Indonesia also, same personal law practice than no problem otherwise marriage will be void for Indonesian citizen.
Subject: Polygamy provisions in India under of the Muslim Personal Law (Shariat) Act, 1937.
Letter required from India to inform that the British India passed Shariat Act in 1937 and is still being followed in India in matters related to marriage, divorce and succession among Muslims. I am Overseas Citizen of India residing presently at New-Zealand a Muslim by religion had been married before to Indian muslim girl under the provisions of The Muslim Personal Law (Shariat) Application Act of 1937. Now i would like to marry Indonesian muslim girl while being already married to another woman in India without taking divorce to first wife. request you to advice me legal aspect on this matter.
Asked 6 years ago in Family Law
Religion: Muslim
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7 Answers
Allahabad High Court
Itwari vs Smt. Asghari And Ors. on 29 August, 1959
Equivalent citations: AIR 1960 All 684
Author: S Dhavan
Bench: S Dhavan
Muslim Law permits polygamy but has never encouraged it. The sanction for polygamy among Muslim is traced to the Koran IV. 3, "If Ye fear that ye cannot do justice between orphans, then marry what seems good to you of women, by twos, or threes, or fours or if ye fear that ye cannot be equitable, then only one, or what your right hand possesses."
This injunction was really a restrictive measure and reduced the number of wives to four at a time; it imposed a ceiling on conjugal greed which prevailed among males on an extensive scale. The right to four wives appears to have been qualified by a 'better not' advice, and husbands were enjoined to restrict themselves to one wife if they could not be impartial between several wives -- an impossible condition according to several Muslim jurists, who rely on it for their argument that Muslim Law in practice discourages polygamy.
10. A Muslim has the undisputed legal right to take as many as four wives at a time. But it does not follow that Muslim Law in India gives no right to the first wife against a husband who takes a second wife, or that this law renders her helpless when faced with the prospect of sharing her husband's consortium with another woman. In India a Muslim wife can divorce her husband, under his delegated power in the event of his taking a second wife,
Muslim Law as enforced in India has considered polygamy as an institution to be tolerated but not encouraged, and has not conferred upon the husband any fundamental right to compel the first wife to share his consortium with another woman in all circumstances. A Muslim husband has the legal right to take a second wife even while the first marriage subsists, but if he does so, and then seeks the assistance of the Civil Court to compel the first wife to live with him against her wishes on pain of severe penalties including attachment of property, she is entitled to raise the question whether the court, as a court of equity, ought to compel her to submit to co-habitation with such a husband
As per Muslim Personal Law, a Muslim male can marry another Muslim girl without dissolving the existing marriage or divorcing the spouse of the existing marriage. This law is applicable in India too. You need not take permission of the first wife for this purpose.
As per Muslim personal law applicable in India you can marry in substance of the first marriage you cannot be held for same and no action against you for same can be taken.
You can get married to four wives at a time as per sharia law. There is a formality to take consent of earlier wife
Dear
As per provisions of Muslim personal Law (Shariat) Act in India the husband have to get permission from his wife to get married to another woman. If not done so first wife can lodge an FIR of Bigamy against her husband as per Indian Penal code.
You cannot get a letter from any organisation in India to this effect since they are not considered as valid especially when the authorities are looking for an authentic certificate from a governmental organisation.
You may approach state wakf board and give a representation to this effect, if they give a certificate citing the relevant laws and mention that they are authorised agent to furnish such certificate on behalf of government for the purposes of marriage by a Muslim male as per Shariat law, then it will be valid or you may have to file a declaratory suit before the court to declare that you are eligible for remarrying without dissolving your previous marriage quoting the relevant provision of law as per Shariat act and obtain the decree copy which would be help you out to carry on the said task without any problem.
