Assam to Ban Polygamy

NEW: Assam will move to ban polygamy, from exper tcommittee to examine legality: CM Himanta Biswa Sarma

Constituting “expert committee”:

• An “expert committee” would be formed to examine whether the state legislature was empowered to prohibit polygamy. 
• This committee, comprising legal experts and scholars, would examine the provisions of the Muslim Personal Law (Shariat) Act, 1937 read with Article 25 of the Constitution of India.

Laws on the Polygamy :

• Polygamy is defined as “the act or custom of maintaining more
• than one spouse at the same time”.
• Polygamy under Hindu Law:
  • The Hindu Marriage Act, which came into effect on May 18, 1955,
  • made it clear that Hindu polygamy would be abolished and criminalised.
  • Monogamy was the sole option available to Hindus.
  • Because Buddhists, Jains, and Sikhs are all considered Hindus and do not have their own laws, the provisions in the Hindu Marriage Act apply to these three religious denominations as well.

Polygamy under the Muslim personal law:

• ‘Muslim Personal Law Application Act (Shariat) of 1937, as construed by the All India Muslim Personal Law Board, apply to Muslims in India.
• A Muslim man can marry and maintain four spouses at the same time, according to Muslim personal law.
• While a Muslim man can have four wives at the same time, however, the same is not applicable to a Muslim woman.
  • A Muslim woman is not allowed to marry more than one individual.

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