Under Islamic marital jurisprudence, Muslim men are allowed to practice polygamy but the Apex Court on Monday ruled that a Muslim’s fundamental right to profess Islam did not include practicing polygamy.
“What was protected under Article 25 (right to practice and propagate any religion) was the religious faith and not a practice which may run counter to public order, health or morality. Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25,” said a bench of Justices T S Thakur and A K Goel.
“This Court also upheld the view of the Allahabad High court upholding such a conduct rule. It was observed that a practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25,” the bench said.
In its judgement, the bench said, “as regards the charge of misconduct in question, it is patent that there is no material on record to show that the appellant divorced his first wife before the second marriage or he informed the Government about contracting the second marriage.
“In absence thereof, the second marriage is a misconduct under the Conduct Rules,” the bench said.
The Apex court upheld the decision made by Khursheed Ahmad Khan, employed as irrigation supervisor of UP government to sack him for getting married, for a second time during the existence of the first marriage, without its prior consent.
–(With inputs from PTI)