As of May 16, 2025, recent judicial observations have highlighted concerns regarding the misuse of polygamy under Muslim personal law.

The Allahabad High Court recently noted that while Islam permits a Muslim man to have up to four wives, this provision was originally intended to address specific social needs, such as the welfare of war widows. The court expressed concern that this allowance is now being misused by some men for selfish purposes, deviating from its intended humanitarian objective.

The court further emphasized that polygamy in Islam is not an unrestricted right. It is conditional upon the man’s ability to treat all wives equally, as stipulated in the Quran. Failure to adhere to this condition may render the subsequent marriages invalid under Islamic law.

In a related case, the Allahabad High Court ruled that bigamy charges cannot be sustained against a Muslim man if his marriages are conducted under Muslim personal law, provided they are valid under Shariat. However, the court cautioned that misuse of the polygamy provision could lead to legal consequences.

These observations underscore the importance of adhering to the ethical and legal conditions associated with polygamy in Islam. They also highlight the judiciary’s role in ensuring that personal laws are not misused to the detriment of individuals’ rights and societal norms.

Sources