By Nakshab Khan
IS IT really so simple and easy to embrace Islam and marry a second time without divorcing one’s first wife?
The question has raised a fresh storm in the wake of former Haryana deputy CM Chander Mohan converting to Islam and tying nuptial knot in succession with the existence of legal sanctity of his first marriage.
Chand Mohammad or Chander Mohan as he was known earlier claims to be attracted towards Islam since childhood and has not adopted it only for the sake of his new bride Fiza alias Anuradha Bali before converting to Islam.
The former deputy CMs second marriage after conversion to Islam has raised eyebrows of many calling their marriage null and void in the light of the Hindu marriage Act 1955 and making them liable to offence under section 494 of IPC for indulging in bigamy.
The trend was also allegedly seen repeated in case of Bollywood actor and Lok Sabha MP Dharmendra purportedly embracing Islam and marrying "Dream Girl" and Rajya Sabha MP Hema Malini even while he had a living spouse from whom no valid divorce has taken place.
Noted Islamic scholar Moulana Wahiduddin Khan says Islam permits one marriage at a time but it depends upon the prevailing circumstances in the society like the increase in the number of women among other things that may allow a person to have a second wife.
"Bigamy in Islam is allowed in only exceptional cases where a wife is suffering from incurable diseases or in a condition when the said wife is not able to produce a child, in that situation only a man can look for a second spouse," says Moulana Mohammed Rafiq, head priest Jama Masjid, Okhla. He also said that the will of the first wife is also binding for a man looking to marry a second time. He further adds that "Islam allows Muslims to have four wives at a time provided that absolute justice is done to all of them".
He also disapproved of the current phenomenon of people converting to Islam and marrying a second time to escape the law. "People embracing Islam and marrying a second time during subsistence of their previous marriage have nothing to do with principals and real teachings of Islam. Such people are mocking Islam and adopting such tactics only to escape from the jaws of the law and indulge in sexual extravaganza". Islam, which is a pious, progressive and a respectful religion with a rational outlook cannot be given such a narrow concept, asserts Rafiq.
However, social activist, Shabnam Hashmi, differs and says that there is nothing like people are abusing bigamy in Islam as a tool for second wife. "Bigamy is already a part of our society and thousands of cases of bigamy can be found which are not reported and the case of Haryana’s ex-deputy CM Chander Mohan is highlighted only because of his high status in society.
Chander Mohan lost his high profile job and family after he and Bali embraced Islam and got married secretly in UPs Meerut City last month.
Section 494 of IPC punishes bigamy and lays down that a person who marries while having a husband or wife living is punishable with seven years.
The Supreme Court in the Sarla Mudgal case in 1995 had ruled, "that the second marriage of a Hindu husband after conversion to Islam, without having his first marriage dissolved under law would be invalid. The second marriage would be void in terms of the provisions of section 494 IPC and the apostate husband would be guilty of offence under section 494."
