Kerala High Court: Quran Emphasises Monogamy; Polygamy Allowed Only with Equal Treatment
Court says polygamy is not a blanket right; stresses justice and maintenance as conditions for multiple marriages under Muslim Personal Law.
New Delhi: In a landmark ruling, the Kerala High Court has clarified that Islam does not universally permit polygamy and that the spirit of the Quran supports monogamy. The judgment came in response to a petition by a Muslim woman seeking maintenance from her husband, who had taken her as his second wife despite being unable to support her financially.
Justice P.V. Kunhikrishnan, delivering the verdict, said that polygamy in Islam is conditional and not an automatic right. It is only permitted when a man is able to deal justly and fairly with all his wives, both emotionally and financially. Citing verses from the Holy Quran (Surah An-Nisa, verses 3 and 129), the court stated that Islam allows polygamy only under strict conditions — and prefers monogamy.
“If a Muslim man can give justice to his first wife, second wife, third wife, and fourth wife, then only marriage more than once is permissible,” Justice Kunhikrishnan observed.
Case Background
The case involved a woman from Malappuram district in Kerala, who filed a petition for maintenance under Section 125 of the Criminal Procedure Code. She was the second wife of a 46-year-old blind man who survives on alms and has no stable income. She alleged domestic abuse and claimed that her husband was threatening her with talaq and even planning to marry a third time.
A family court had earlier dismissed her request for maintenance, reasoning that a person who begs for a living cannot be expected to support a wife. While the High Court upheld this decision based on financial reality, it strongly criticised the man’s actions and urged the State to intervene.
“A blind man who is begging in front of a mosque and marrying one after another without understanding the basic principles of Muslim law must be counselled,” the court said.
Court’s Observations on Islam and Polygamy
The court clearly stated that most Muslims in India follow monogamy, even when they have the means to support more than one wife. Those who engage in polygamy, the court said, often do so by misunderstanding or misrepresenting religious teachings.
The Quran, it noted, does not grant unconditional permission for multiple marriages. Rather, it permits polygamy only when justice and equal treatment can be guaranteed — a standard that is often difficult to meet.
“The Holy Quran greatly stresses justice… The spirit and intention of the verses is monogamy, and polygamy is only an exception,” the court stated.
Role of the State and Social Responsibility
In a strong message to the government, the High Court emphasized the State’s duty to counsel Muslim men who misuse religious provisions to justify irresponsible marriages. It also called on the State to protect women, especially those left destitute or abandoned due to such practices.
“It is the duty of the State to protect the destitute wives who are victims of polygamy,” the judgment added.
The court directed that a copy of the order be sent to the Secretary of Kerala’s Social Welfare Department for appropriate follow-up. It also suggested that, if possible, efforts be made to reconcile the estranged couple.
“Reuniting the petitioner and respondent would be a feather in the cap of a democratic government,” the judge said.
Key Quranic Verses Cited
The court cited Surah An-Nisa (4:3) — which allows marrying more than one woman only if justice can be maintained — and Surah An-Nisa (4:129) — which warns that true emotional justice between multiple wives is nearly impossible.
This ruling adds to the ongoing legal and social discourse on the application of Muslim Personal Law in India, especially around marriage, divorce, and maintenance. Legal experts say it underscores the need to balance religious freedoms with individual rights and justice.
