High Court upholds requirement of Arbitration Council approval for another marriage

The High Court has upheld a legal provision requiring a married person to obtain prior written permission from the Arbitration Council before contracting another marriage, dismissing a rule challenging the validity of the law.

A High Court bench comprising Justice Fahmida Kader and Justice Syed Zahed Mansur delivered the verdict, which was recently published. The court rejected a rule issued earlier, thereby keeping intact the polygamy-related provisions of the Muslim Family Laws Ordinance, 1961.

The rule had been issued on 5 January 2022 following a writ petition filed on 13 December 2021, which challenged the legality of Section 6 of the ordinance governing polygamy. After hearing the matter, the High Court dismissed the rule on 20 August last year.

Lawyer Ishrat Hasan, who represented the writ petitioner, said the dismissal of the rule means the polygamy-related provisions of the 1961 ordinance remain in force. The lawyer, however, indicated that an appeal will be filed with the Appellate Division.

Ishrat Hasan argued that the provision infringes on women's constitutional rights. He contended that while Islamic law permits up to four marriages, it also requires equal and just treatment of all wives, which, the lawyer said, is not adequately ensured by the existing legal framework.

"The Arbitration Council lacks the authority to properly assess an applicant's financial capacity or verify the stated reasons for marriage, unlike judicial processes followed in countries such as Malaysia."

The lawyer further pointed out potential conflicts of interest, noting that if a chairman of an Arbitration Council seeks permission to remarry, the law allows him to grant approval to himself.