Consider the following statements regarding the practice of Polygamy i...
Polygamy
- About:
- Polygamy is defined as “the act or custom of maintaining more than one spouse at the same time”.
- Polygamy under Hindu Law:
- The Hindu Marriage Act, which came into effect on May 18, 1955, made it clear that Hindu polygamy would be abolished and criminalised.
- Monogamy was the sole option available to Hindus.
- Polygamy under the Muslim personal law:
- Crucially, while the Hindu personal law outlaws bigamy and polygamy, the Muslim personal law does not. Hence statement 1 is correct.
- The clauses under the ‘Muslim Personal Law Application Act (Shariat) of 1937, as construed by the All India Muslim Personal Law Board, apply to Muslims in India.
- A Muslim man can marry and maintain four women or spouses at the same time, according to Muslim personal law.
- Under Muslim personal law, such a relationship is recognised and legal.
- While a Muslim man can have four wives at the same time, however, the same is not applicable to a Muslim woman.
- A Muslim woman is not allowed to marry more than one individual. Hence statement 3 is correct.
- Global practice:
- Polygamy is permissible and legal exclusively for Muslims in nations such as India, Singapore, as well as Malaysia. Hence statement 2 is incorrect.
- Polygamy is still recognised and practiced in nations such as Algeria, Egypt, and Cameroon.
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Consider the following statements regarding the practice of Polygamy i...
Statement 1: The Hindu personal law outlaws bigamy and polygamy in India whereas the Muslim personal law does not.
Explanation: The Hindu Marriage Act, 1955, governs the personal laws related to marriage and divorce for Hindus in India. According to this Act, a Hindu man cannot marry again during the subsistence of his existing marriage, i.e., bigamy is illegal for Hindus. Therefore, statement 1 is correct.
Statement 2: India is the only country to have Polygamy permissible and legal exclusively for Muslims.
Explanation: In India, polygamy is permissible for Muslim men under the Muslim personal law. The Muslim personal law, derived from the Shariah, allows Muslim men to have up to four wives simultaneously, subject to certain conditions. However, it is important to note that polygamy is not exclusive to India and is practiced in some other countries as well, primarily in Muslim-majority nations. Therefore, statement 2 is incorrect.
Statement 3: A Muslim woman is not allowed to marry more than one individual.
Explanation: Under the Muslim personal law, a Muslim woman is not allowed to marry more than one individual simultaneously. Polyandry, the practice of a woman having multiple husbands, is not permitted in Islam. Therefore, statement 3 is correct.
In conclusion, statement 1 and statement 3 are correct, while statement 2 is incorrect.