Updated January 20th, 2024 at 13:20 IST

Shoaib Malik-Sana Javed Marriage Sparks Polygamy Debate. What Does The Muslim Law Say

Shoaib Malik and Sana Javed tied the knot in an intimate ceremony amid divorce rumours with Indian tennis star Sania Mirza.

Reported by: Digital Desk
Shoaib Malik Marries Sana Javed | Image:X
Advertisement

New Delhi: While congratulations are pouring in for former Pakistani cricketer Shoaib Malik after he announced his third marriage with popular Pak actress Sana Javed, a polygamy debate has started on social media with a section of netizens wondering, can marry more than once without divorcing his second wife? For the unversed, Shoaib's first wife was Ayesha Siddiqui. They tied the knot in 2002. However, in 2010, Shoaib and Ayesha parted ways and the former got married to Indian tennis star Sania Mirza.  In this article, let's understand what the Sharia law is and under what circumstances Muslim men can perform another marriage. 

Remarriage Under Muslim Sharia Law

According to the Sharia law, a man can perform a second marriage under various circumstances. 

  • Muslim men are allowed to remarry without divorcing the first wife but he is required to obtain her consent before proceeding. This emphasizes the importance of transparency and mutual agreement in such matters.
  • If his wife passes away or if he has legally divorced her, the second marriage is recognized as valid.
  • A Muslim man has the option to remarry his former wife after a divorce, provided she completes the prescribed iddat period.
  • If a man marries a fifth woman while already married to four, the marriage will be considered irregular but not invalid.
  • However, the legality of the fifth marriage is contingent upon the death or divorce of any of his existing four wives.

Allahabad High Court on Second Marriage in Muslims

In 2022, the Allahabad High Court observed that a Muslim man has to prevent himself from performing a second marriage if he is not capable of fostering his wife and children. 

Advertisement

"The religious mandate of Sura 4 Ayat 3 (of Quran) is binding on all Muslim men which specifically mandates all Muslim men to deal justly with orphans and then they can marry women of their choice two or three or four but if a Muslim man fears that he will not be able to deal justly with them then only one. If a Muslim man is not capable of fostering his wife and children then as per the above mandate of the Holy Quran, he cannot marry the other woman," the Bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV had observed in October 2022. 

Shoaib Malik-Sana Javed Marriage

The due tied the knot in an intimate ceremony amid divorce rumours with Indian tennis star Sania Mirza. Shoaib and Sania tied the knot in 2010 and they welcomed their son Izhaan in October 2018.  

Rumours surrounding the divorce of the former celebrity couple have been circulating in the gossip mill for nearly two years. But neither Malik nor Mirza officially addressed the divorce rumours. However, a recent social media post by Mirza reignited speculation and fueled further gossip about the status of their relationship. 

"Marriage is hard. Divorce is hard. Choose your hard. Obesity is hard. Being fit is hard. Choose your hard. Being in debt is hard. Being financially disciplined is hard. Choose your hard. Communication is hard. Not communicating is hard. Choose your hard. Life will never be easy. It will always be hard. But we can choose our hard. Pick wisely", Mirza wrote on Instagram. 

Advertisement

Published January 20th, 2024 at 12:59 IST