Anti-Polygamy Bill: A Severe Jolt to the Social Laws of Islam in India

 In yet another blow to the social laws of Islam in India, Assam chief minister Himanta Biswa Sarma tabled ‘The Assam Prohibition of Polygamy Bill, 2025’ in the Assam Assembly on November 25. Aimed at banning polygamy in the state, it was introduced in the absence of opposition Congress, the Communist Party of India (Marxist) CPI(M) and Raijor Dal MLAs, who staged a walkout after a discussion on the death of singer Zubeen Garg.

“If a person marries another woman without legally divorcing his wife, there will be a provision for imprisonment of seven years or more. Religious justification won’t do,” the CM had said.

He further said that the BJP-led government in Assam will introduce a bill to prohibit the practice, even if permitted under religious laws.

So, which ‘religious laws’ or ‘justifications’ are they talking about?

In Hinduism, polygamy is already prohibited.
The Hindu Marriage Act, 1955: is a codified law which applies to Hindus, Buddhists, Jains, and Sikhs and declares polygamous marriages as void. Section 11 of the act specifically states that a marriage is void if either party has a living spouse at the time of the marriage.

Special Marriage Act, 1954: This act allows individuals from different religions or those who do not wish to follow their respective religious laws to marry. Like the Hindu Marriage Act, it also prohibits polygamy under Section 4(1)(i).

Indian Penal Code, 1860: Sections 494 and 495 of the IPC deal with the offence of bigamy. Section 494 states that marrying again during the lifetime of one’s spouse is illegal and punishable, while Section 495 prescribes punishment for concealing a former marriage.

Christians in India are a tiny minority standing at just around 2 percent. And Islam is the second highest religion as Muslims constitute 14.2 percent of the total population. 
And polygamy is allowed for Muslims in India under the Muslim Personal Law Application Act (Shariat) of 1937, as construed by the All India Muslim Personal Law Board.

Polygamy is recognized as a religious practice within the Muslim community, and Muslims have the legal right to enter into polygamous marriages.

For now, the ‘controversial’ bill has been tabled on the first day of the Winter Session, and it will be taken up for discussion and passage on a later date.

Ever since the ruling Bharatiya Janata Party rose to power, Islamic Laws of the Social system have been made controversial; practices such as hijab and instant triple talaq have been widely discussed and debated across the nation as unconstitutional and discriminatory.  

Harking back to 2016, the instant triple talaq controversy shook the nation. It came to the fore how the Indian Courts and the Indian Government have for long carried the viewpoint that "absence of reforms in the community in the last 65 years have left Muslim women “extremely vulnerable — both socially as well as financially.” In an affidavit to the Supreme Court, the Indian Government mentioned that polygamy and triple talaq “cannot be regarded as essential or integral part of the religion.”

The Indian Law ministry gave us an inkling on the issue of polygamy and triple talaq before. It audaciously stated the validity of these practices required a “reconsideration in light of the principle of gender justice and overriding principle of non-discrimination, dignity and equality as well as evolution of women!”

So, the tabling of the bill on polygamy ban is not about Assam only, it’s a ploy to make the Muslim Personal Laws in India toothless. This bill should not be viewed as a lone wolf, but in conformity with the Uniform Civil Code (UCC), which aims to establish a single law applicable to all the citizens to regulate their personal affairs such as marriage, divorce, inheritance, and property rights, regardless of their religion.

The UCC takes away the right of the Muslims to manage their marriage-related affairs, instant triple talaq and halala and interferes with the shariah law in the garb of so-called protection of the rights of Muslim women!

Unfortunately, in January this year, Uttarakhand became the first state in India to implement UCC despite opposition from minority groups.

Jamiat Ulama-i-Hind, one of the leading organisations of Islamic scholars in India called the implementation of the law in Uttarakhand as an “assault on citizens' religious freedom.”

“This law is … based entirely on discrimination and bias," Jamiat said in a statement.

All India Majlis-e-Ittehadul Muslimeen spokesman Waris Pathan said that through the civil code, the government wants to interfere in the marriages and divorces of Muslims.

Though the organization promised to move court against the decision of the Uttarakhand government, the problem with muslim groups remains the same; they come-up with lazy, and self-defeating arguments based on the ‘rights’ and ‘freedom’ conferred to them by the Indian Constitution, instead of Islam.

Let’s ask them; what if they change the constitution today?

Who stops them?

How will they protect their deen then? 
Remember “Abki Baar 400 Paar” (This Time Surpassing 400), a political slogan used by the BJP and its leader, Prime Minister Narendra Modi for the 2024 general election. The slogan refers to the ambition of winning more than 400 out of 543 seats in the Lok Sabha.
There is an undercurrent of hate with such sloganeering…
These aren’t mere slogans, but mirroring their agenda, and their ruthless ambition.

BJP MP Anant Kumar Hegde in 2024, remarked: “BJP securing over 400 seats in the upcoming Lok Sabha elections” will lead to the enactment of “changes in the Indian constitution.” Khalas!

 He further said that achieving a substantial majority in both houses of the Parliament (Lok Sabha and Rajya Sabha) and state governments is essential for implementing significant changes to the constitution!

The Hindus believe the only way to revive and build their Hindu Rashtra (Hindu Supremacist State) is by destroying all signs of Islam and Muslim identity.

The intentions aren’t hidden anymore, Muslims have to stop looking away!

Now, just assume for a moment they change the constitution of India someday, or bring major amendments to the established laws, what would the Muslims do? Will they stop practicing Islam? Will they abort Islamic laws related to marriage and divorce?

No, the majority of Indian Muslims will never forsake their religion.

Therefore, this brings us to an important juncture – what can the Muslims do.

First, the Muslim groups/organizations in India should openly call the Muslims to unanimously and outrightly reject any anti-muslim, or kufr law imposed upon them without flipping through the pages of the Indian constitution.  

This is the first thing Muslims need to do. And after that,

1.      Muslims from all over the world need to be aware of what is happening in India and expose India to the international community. People need to realize what India stands for and its ideology of hatred and disdain for Islam and Muslims.

2.     Boycott Indian Products and Business. The mushrikoon and kuffar worship money. Therefore, if their wealth is affected, they will be forced to take a step back — like after condemnation from at least 14 muslim nations, BJP leader Nupur Sharma was suspended after her remarks on Prophet Muhammad SAW sparked a massive row.
The corporate honchos, the industrialists should be hit economically as they are the political movers and shakers in India.

3.     Muslim nations should threaten India to send back Hindu employees working in their nations, if India does not stop oppressing Muslims.

4.    Launch a campaign to pressurize companies to divest from Indian investments. All the Muslim countries should stop any investment in India, to put it on the backfoot. And lobby to cancel their trades with India. Muslim nations should also control and be vigilant of the trade routes of India passing through their lands.  

5.     Muslims in India need to put all of their fiqhi differences aside, and unite. All this is happening because we lack central leadership, a shield and authority to protect not only Muslims in India, but all across the globe. We are divided into fragments, and subsequently it's easy for them to target us everywhere.