Author: Payal Kumari

Introduction: Understanding Polygamy under Muslim Personal Law

Polygamy means having more than one wife at the same time. It was mostly practised by kings to strengthen their connection with other kings and to save the women of their territory. Apart from kings, it was also practised by warriors and wealthy individuals to increase family size and demonstrate their societal status. However Muslim personal law, a Muslim man may marry up to four wives if he is capable enough to take care of them and maintain them equally without being partial. Islamic personal law does support polygamy but it does not support polyandry which says a woman can’t have more than one husband which shows the inequality but recently the court had said that the constitution laws are superior than personal law so a husband also need to take a consent by informing her before registration of second marriage no matter how wealthy is he or how capable is he to maintain another wife. If his wife doesn’t allow for it, he can’t enter into the next marriage.

The Quran allows polygamy to ensure social welfare, such as support, equal time, and emotional equity to widows and orphans after war. It is mainly focused on making sure justice is served. Apart from this, it has also given some duties, not just the rights, which are mentioned in Surah An-Nisa (Chapter 4), verses 3 and 129. which contains the key verses related to polygamy. 

• Chapter 4 verse 3 says if you think that you won’t be able to take care of the wives, whether two, three, or four and the orphans justly, then do only one marriage.
• Chapter 4 verse 129 says it is very difficult to give perfect justice between wives.

This duty was revealed to Prophet Muhammad in the 7th century CE, establishing the limits and ethical framework for polygamy in Islam. 

Recent Judicial Intervention: The Kerala High Court Judgment in XXXX & Anr. v. State of Kerala & Ors. (2025)

In this case, there was a Muslim man, already married and having two children got married again to another woman, as it’s valid under Islamic law till four marriages. Later, they went to register the marriage under the Kerala Registration of Marriages (Common) Rules, 2008. Then the local registrar did not allow for it without letting the first wife know about the second marriage. The man who was the petitioner went to the Kerala High Court seeking a writ of mandamus to compel registration without notifying the first wife. Then the court referred the Jubairiya v. Saidalavi (2025), where it was said that polygamy is an exception, allowed only when justice and equitable treatment among wives are possible.

Apart from this, the court also quoted Quranic verses (Chapter 4, verses 3 and 129) and said, “I don’t think the Holy Qur’an or Muslim Law permits an extramarital relationship when the first marriage is subsisting and the first wife is alive, especially without her knowledge.”

The court also observed that Rules 9 and 11 of the 2008 Registration Rules mandate the Registrar to verify the completeness of marriage documents, including prior marital status. However, he can’t decide anything without listening to his first wife. And if the first wife objects, then the second marriage can’t be registered. 

In this case, the high court gave a judgment that mandates that the husband needs to inform the first wife before the registration of the marriage under the Kerala registration rules. It said polygamy is conditional in nature as it is necessary to maintain natural justice, equality, and dignity. It not only gave the right to the first wife to have a say on the second marriage of her husband but also established a balance between personal law with statutory registration requirements.

Practically, it won’t only reduce arbitrary or undisclosed second marriages by Muslim men, as registration will now involve prior notice to the first wife, but also will encourage registration authorities to observe due process, protecting women’s rights in polygamous relationships.

Balancing Marital Rights: Types of Talaq under Muslim Law

Apart from the right given by the Kerala High Court in XXXX & Anr. v. State of Kerala & Ors. (2025) case to get notified before the registration of the second marriage of her husband, she also has obtained a release from instant talaq in 2017, as the court declared it unconstitutional.

Talaq- it is an Arabic word which means “to release” or “to set free.”  This process is used in Islamic culture, where it is used to end the marriage either with the consent of the husband or with the consent of both. Mainly, it has given more rights to the husband. There are a few types too, which gave women some rights to ask for talaq to ensure equality between both genders. Talaq is also known as “the most hated act.”

Under Muslim law, there are 6 kinds of talaq-

1)talaq- ul- Sunnat
This is approved by the Prophet Muhammad’s traditions, which makes the talaq revocable during the iddat period, which is the waiting period. It allows both parties to reconcile their marriage. There are two subtypes of it-

a) Talaq – ul- ahsan – in this process, the husband pronounces talaq once when the wife is not on her period, which is also called tuhr, and they wait till the iddat period. And it can be revoked during the Iddat period. During the iddat period, there should not be any kind of conjugal relationship between parties; otherwise, the talaq will be revoked. It’s being followed by both Sunni and Shia.

b) Talaq-ul-Hasan- In this process, there will be three pronouncements in three tuhrs, and the talaq can be revoked till the third pronouncement. Till the third pronouncement, the parties can’t have either a conjugal relationship or cohabitation; otherwise, the talaq will be revoked. It is followed by both Sunni and Shia.

2) Talaq-ul-Biddat- This talaq results in instant talaq, which is also called “triple talaq.” In this, the husband can pronounce talaq thrice in one sitting, and both parties will be free from their marriage. However, this got banned in India after the Shayra Bano vs UOI case, as it gives unreasonable rights to husbands to end their marriage. which causes an extra inconvenient life for women and puts them in a vulnerable situation. This ban resulted in the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalised triple talaq. It was followed by Sunni only.

3) Talaq-e-Tafweez- It is also known as delegated divorce. in this, the husband delegates his right to another person (third party) or the wife, to end the marriage. And it is recognised by both Sunni and Shia. 

4) Khula- it’s an Arabic word which means “to put off.” In this, the wife initiates the process of divorce and sends a formal request for divorce by often offering compensation to the husband, commonly by returning the dower (mahr), but the husband has final say on it; if he wants, then only the marriage will be ended, otherwise it won’t. Moreover, if the husband accepts it, then also the woman needs to wait till the iddat period, then only she can remarry, but the husband remains responsible for taking care of the kids. It is recognised under both Sunni and Shia Muslims.

5) Mubarat- It is also known as mutual divorce, where either of the parties can initiate divorce. And in this, if the wife initiates, then also she doesn’t have to offer any money to the husband, which she has to in “khula.” It is practised by both Sunnis and Shia.

6) judicial divorce- in this, either party can approach the court to ask for a divorce. The right has been given under the Dissolution of Muslim Marriages Act, 1939. In this matter, the court will decide whether to approve or not. To file for divorce, there are certain grounds that have been mentioned in the act, under section 2, which says that the wife can file for divorce if

1. The husband is not seen for four years.
2. The husband failed to provide maintenance to the wife for a period of two years.
3. The husband got imprisonment for 7 or more years.
4. The husband failed to fulfil his marital obligation
5. The husband was impotent at the time of the marriage and continues to be so.
6. The husband has been insane for a period of two years or more, or is suffering from a virulent venereal disease.
7. The wife was married before the age of 15 years by her guardian, and she wants to end the marriage before 18, if the marriage has not been consummated.
8. The husband treats the wife with cruelty, such as Habitually assaulting her or making her life miserable, etc.

Conclusion

Under Muslim law, polygamy and talaq are very normalised practices for men, as they give them extra rights compared to women’s rights. But most of the time the rights are being entertained beyond the limits despite of given some duties to men by the quran and judicial precedent too. The XXXX & Anr. v. State of Kerala & Ors. (2025) has played a vital role in making it clear that, although polygamy is allowed in Muslim law, it does not allow a man to get the marriage register with other women without notifying the first wife, as she also has the right to be informed and give her consent on it. In this case, the Kerala high court not only helped the Muslim women’s situation by making it clear, but also said that the Indian constitution is above any personal law.