Islam recognizes polygamy, which means the practice of having more than one wife at a time. A muslim man is permitted to have a maximum of four wives at a time. However, Courts have held this is not an unrestrained right. 1 If a man marries a fifth wife, the marriage is not unlawful or invalid but merely, a fasid marriage. This means that even though the marriage is not a valid marriage to begin with, it can be made valid by the husband by pronouncing talaq on one of his wives and then marrying the fifth wife. 20
- Shahulameeda v Subaida Bebee (1970) M.L.J Cr. 562.
- Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.346.