Bigamy In Non-Muslim Society
Officiating a divorce legally but not meaning it in reality and practicing bigamy despite law of the land prohibiting it is deceiving the law of the country where one is residing which one was bound to follow in letter and spirit. It becomes a matter of bigamy in the eyes of the law only when it meets the established criteria for a valid marriage or divorce as outlined by the country’s legal framework, encompassing all the specified prerequisites for marriage and divorce under this jurisdiction. Exceptions/exemptions are not used to jutify overriding of the prevalent law in the country. The state of Pakistan is aware of such tribal issues and is trying to bring them in the complete social and legal framework of the country. If they intentionally ignored legal procedure despite being aware of it and despite having an opportunity to do so, then their intentional negligence will be subject to accountabiity. If the matter comes to the court, then courts, after considering all the circumstances of the case, have an authority to either declare their Nikkahs null and void or they may ratify their Nikkah subject to some procedural conditions and may fine them too. Again, this example is not being used as an excuse to justify anything but rather to question whether merely not being registered with state nullifies a Sharia-aligned Nikkah where all requirements of Nikkah are fulfilled, including the presence of witnesses. The issue here is not whether such Nikkah is sharia compliant or such divorce is just a legal formality but not sharia based, the issue here is that such tactics tantamount to deceiving the state where one is residing which is a separate issue and a very serious one which should be even a bigger concern. My query, it seems, diverges from the interpretation presented in your response. How does it constitute deception towards the state, particularly when there’s no explicit legal provision prohibiting a sharia-aligned Nikkah or divorce?