Laws and Penalties for Remarriage Without Permission
Under Section 6 of the Muslim Family Laws Ordinance 1961, if a person wishes to remarry, he must obtain permission from the Union Council. Otherwise, if he gets married without permission, he will be sentenced to one year in prison and fined 5 lakhs. Remarrying without permission is considered a punishable offense under Pakistani law.
The Federal Constitution in 2000 established that the law should be in accordance with Shariah. The Supreme Court of Pakistan has also declared that the said law is in accordance with Shariah. The court upheld the sentence for the husband who remarried without permission (PLD 2017 SC page 187).
According to Section 55 of the Special Procedures Act, if a plaintiff denies the legal right of the defendant, the court can stop the defendant from engaging in any illegal activities. In a suit filed by a husband against his wife, the family court can issue a prohibition of remarriage order, restraining the wife from remarrying (Rook Diya Tha and Qarar Diya Tha's family core). The case against the wife may be brought before the Union Council concerned, and the husband may also register a second marriage (1983 CLC page 279).
It is important to note that remarriage without permission is legal under Pakistani law but not under Shariah. If a husband remarries without permission, the court will judge the husband, and a second marriage cannot be annulled solely by the husband. Failure to obtain permission can result in punishment.
Summary:
Laws and penalties for remarriage without permission in Pakistan are regulated by the Muslim Family Laws Ordinance 1961. Under this law, individuals seeking to remarry must obtain permission from the Union Council. Remarrying without permission is considered a punishable offense, with potential penalties including imprisonment and fines. The law is based on Shariah, as confirmed by the Supreme Court of Pakistan. Family courts can issue orders prohibiting remarriage and taking legal action against individuals who violate the law.
Frequently Asked Questions (FAQs):
1. Is it necessary to obtain permission for remarriage?
Yes, under the Muslim Family Laws Ordinance 1961, permission from the Union Council is required for remarriage.
2. What are the penalties for remarriage without permission?
Remarrying without permission can result in a one-year prison sentence and a fine of 5 lakhs.
3. Can a second marriage be annulled?
No, a second marriage cannot be annulled solely by the husband. The court's intervention is required.
4. What action can be taken against the husband or wife?
If the husband remarries without permission, legal action can be taken against him. Similarly, if the wife violates the prohibition of remarriage order issued by the family court, the court may take action.
5. Can a marriage registrar refuse to register a marriage without permission?
Yes, if the permission certificate is not issued, the marriage registrar cannot register the marriage.
6. Is remarriage without permission legal under Shariah?
No, remarriage without permission is not considered legal under Shariah. The court will judge the husband if he remarries without permission.
Learn More About the Following:
Laws and penalties, remarriage without permission, Muslim Family Laws Ordinance 1961, Union Council, punishable offense, Pakistani law, Federal Constitution, Shariah, Supreme Court, Special Procedures Act, family court, prohibition of remarriage, second marriage, annulment, punishment.
