India: Muslim personal law, polygyny and the Uniform Civil Code

1Law applicable to Muslims

India operates a system of personal laws by religion. For roughly 200 million Muslims (mostly Hanafi, with Shafi'is in Kerala and on the west coast, as well as Shia):

• Muslim Personal Law (Shariat) Application Act 1937, s.2 — in matters of marriage, dissolution (including talaq, ila', zihar, liʿan, khulʿ and mubara'ah), maintenance, mahr, guardianship, gifts (hibah), waqf and intestate succession, the rule of decision where the parties are Muslims is the Shariah, overriding custom.
• Dissolution of Muslim Marriages Act 1939 — grounds for judicial dissolution (fasakh) by the wife, including a husband with more than one wife who does not treat her equitably in accordance with the injunctions of the Qur'an (s.2(viii)(f)).
• Muslim Women (Protection of Rights on Divorce) Act 1986 and the Muslim Women (Protection of Rights on Marriage) Act 2019.
• Special Marriage Act 1954 — optional civil marriage for anyone, monogamous.

There is no federal law like the MFLO requiring permission for polygyny. Family law is on the Concurrent List, so states may enact their own laws — the basis for state Uniform Civil Codes.

2Polygyny under personal law

• Muslims: marriage to up to four wives is valid under personal law. The offence of bigamy — formerly IPC s.494, now Bharatiya Nyaya Sanhita 2023 s.82 — applies only if the second marriage is void because the husband/wife is still alive; it therefore does not apply to Muslim men under personal law.
• Non-Muslims: the Hindu Marriage Act 1955, the Christian Marriage Act and the Parsi Marriage and Divorce Act make a second marriage void and a crime.
• Civil servants: conduct rules of the central government and many states prohibit employees from marrying again without government permission. In Khursheed Ahmad Khan v. State of U.P. (2015), the Supreme Court upheld the dismissal of a Muslim employee on this ground and stated that polygyny is not a core practice of Islam.
• Constitutional challenge: petitions against polygyny and nikah halala (including Sameena Begum v. Union of India, 2018) have been referred to a constitution bench of the Supreme Court; the status of the decision is to be verified.

3State Uniform Civil Codes: Uttarakhand and beyond

The Uniform Civil Code of Uttarakhand Act 2024 was passed by the State Legislative Assembly on 7 February 2024 and came into force on 27 January 2025 after notification of the Uniform Civil Code Rules 2025. It is the first state since independence to enforce a uniform civil code.

• A ban on polygyny for all residents covered, including Muslims; a marriage is valid only if neither party has a living spouse.
• Minimum age: 21 years (men) and 18 years (women).
• Compulsory registration of marriages and live-in relationships through the state government portal (registration period to be verified in the Rules 2025).
• The practice of halala and the ʿiddah requirement before remarriage are reportedly abolished for those covered (section to be verified).
• Exemption: members of the Scheduled Tribes.

4Assam: Prohibition of Polygamy Bill 2025

Ahead of its state UCC, Assam passed the Assam Prohibition of Polygamy Bill 2025 on 27 November 2025. The text of the bill (Bill No. 238 (to be verified), Assam Legislative Assembly) provides:

• s.2 — does not apply in Sixth Schedule areas or to members of the Scheduled Tribes.
• s.4–5 — no one may marry while having a living spouse; the offence is punishable by imprisonment of up to 7 years and a fine; if the earlier marriage is concealed, 10 years and a fine; repeat offences — doubled.
• s.7 — a qazi, imam, village headman (gaonburah) or parent dishonestly involved: up to 2 years and a fine of up to Rs1 lakh; a qazi/priest who knowingly solemnises it: up to 2 years or a fine of up to Rs1.5 lakh.
• s.8 — applies to Assam residents who contract polygynous marriages outside the state.
• s.9 — a convicted person is ineligible for state government posts, government scheme benefits and contesting local elections.
• s.16–17 — compensation for women victims; polygynous marriages registered before the Act came into force are saved.

5Triple talaq: Shayara Bano and the 2019 Act

• Shayara Bano v. Union of India (Supreme Court, 22 August 2017) — a five-judge bench held by a majority of 3:2 that talaq-e-biddat (triple talaq in a single pronouncement, final with immediate effect) is invalid. Justices Nariman and Lalit: it is arbitrary and violates Article 14; Justice Joseph: it has no basis in the Qur'an. Chief Justice Khehar and Justice Nazeer (minority) held that it is part of personal law but urged Parliament to legislate.
• Muslim Women (Protection of Rights on Marriage) Act 2019 (Act No. 20 of 2019; assent 31 July 2019; deemed in force from 19 September 2018):
  • s.3 — pronouncing talaq-e-biddat or the like, whether spoken, written or electronic, is void and illegal.
  • s.4 — the husband may be imprisoned for up to 3 years and fined.
  • s.5–6 — the wife is entitled to a subsistence allowance for herself and her children, and to custody of young children.
  • s.7 — the offence is arrestable without warrant (on complaint by the wife or a relative), compoundable with the magistrate's permission; bail only after the magistrate has heard the wife.
• Sunnah talaq (talaq ahsan/hasan), khulʿ, mubara'ah and judicial dissolution (fasakh) under the DMMA 1939 remain valid.

6Marriage registration and the Special Marriage Act 1954

• The nikahnama is prepared by the Qazi or the person solemnising the marriage; it is the main evidence of the mahr and conditions. The wife may include conditions, including a right of delegated talaq (talak tafwid) if the husband marries again.
• Civil registration is governed by state law. In Seema v. Ashwani Kumar (2006), the Supreme Court directed all states to make registration of marriages compulsory for all religions. In Uttarakhand registration is now compulsory under the UCC; Assam repealed the Assam Moslem Marriages and Divorces Registration Act 1935 in 2024 and replaced it with compulsory registration by the government (to be verified).
• Special Marriage Act 1954 — civil marriage between any two persons regardless of religion; s.4 requires that neither party has a living spouse, men 21 and women 18 years; 30 days' notice at the Registrar's office. Bigamy under it is punished as bigamy under the criminal code (s.44). A Muslim couple who marry under this Act are bound by monogamy.

7Statistics: NFHS-5 (2019–21)

A study by the International Institute for Population Sciences (IIPS), Research Brief No. 21 (June 2022) by Harihar Sahoo, R. Nagarajan and Chaitali Mandal, analysed the answers of married women aged 15–49 to the question 'Apart from you, does your husband have other wives?'

8Guidance for Malaysians and foreign nationals

• Check the state. Polygyny law now depends on the state: a second marriage valid in Kerala or Uttar Pradesh may be a crime in Uttarakhand or Assam if either party is subject to that state's law.
• Malaysian permission is still mandatory. A married Malaysian man needs the permission of the Syariah Court (e.g. the Federal Territories: Act 303 s.23) even though Indian personal law does not require it. A marriage in India without permission is still an offence in Malaysia.
• Register the marriage in India (state registration) and in Malaysia through the Malaysian High Commission in New Delhi or the state religious affairs office within the set period (Act 303 s.31 — to be verified for other states).
• Do not marry under the Special Marriage Act if you want the marriage recognised by the Syariah Court without a clear record of an Islamic marriage contract; obtain a nikahnama signed by the wali (guardian), witnesses and the Qazi.
• Malaysian women marrying Indian nationals: marriage does not give an automatic right of residence; use the nikahnama to record the mahr and conditions, and keep proof of registration.

Sumber & rujukan