Prayagraj, May 15 (UNI) In an interim order, the Allahabad High Court has said that polygamy is permitted in Islam with certain conditions, but some Muslims are misusing Islamic law by marrying for their selfishness and sexual gratification.

The court has asked the clerics to ensure that Islamic law is not misused. The court said that under Sharia law, a Muslim can marry four times, provided everyone is treated equally.

It said that there is a provision in Shariat to declare a marriage prohibited by it as void. Under Sharia law, family courts have the jurisdiction to hear and decide such applications, which is being done by clerics without authority.

The court said that if a person who marries under laws other than Islamic law converts to Islam and marries for the second time, it will be considered a crime of bigamy.

While hearing the legality of the criminal case registered against Furkan, who married for the second time by establishing sexual relations by lying, on the charges of rape, conspiracy and second marriage, Justice Arun Kumar Singh Deshwal said that because Islam allows four marriages, second marriage is not a crime.

The court issued notice to the opposing wife and has sought a reply by May 26, till then oppressive action against the petitioners has been banned. The court said that in the early Islamic times, a large number of women became widows due to conflict.

It said that to save these widows from social exploitation, the Quran allowed more than one marriage. But this exemption is being used illegally for selfishness and desire for sex.

The petitioner said Islam allows four marriages, therefore, the crime of bigamy under section 494 of the Indian Penal Code (IPC) does not arise, therefore, the criminal case should be cancelled. The court considered the matter debatable whether Islam allows second marriage for the fulfilment of selfishness and sex.

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