New Delhi: Taking on a potentially explosive issue, the Law Commission has said that bigamy conflicts with ‘‘true Islamic law in letter and spirit’’ and added that the popular perception that Muslim law in India allowed men to take four wives was faulty.
‘‘We fully agree that traditional understanding of Muslim law on bigamy is gravely faulty and conflicts with true Islamic law in letter and spirit,’’ the commission said in its 227th report to the government, reflecting the unanimous view of chairman Justice A R Lakshmanan and members Tahir Mahmood and B A Agrawal.
The panel stopped short of suggesting a change in Muslim law as it feared this could stir ‘‘unhealthy controversy’’ as religious leaders were not prepared for legislative reform.
Case Studies
Bigamy is completely outlawed in Turkey and Tunisia
Subjected to administrative or judicial control in Egypt, Syria, Jordan, Iraq, Yemen, Morocco, Pakistan and Bangladesh
In India, several HCs have held that bigamy amounts to cruelty. In another case, the SC criticized the practice and said there was no difference between a second wife and a concubine ‘Bigamy abolished in most Muslim countries’
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