Polygamy not an integral part of Islam

The Supreme Court of India has recently observed that polygamy is not an integral part of Islam and has in effect banned it. The Court observed that Atticle 25 of the Indian Constitution protects the right to profess, practice and propagate religion but it does not protect the right to practice polygamy. The court observed that the practice of polygamy may run counter to public order, health or morality. Article 25 lays down religious freedoms and it protects the practice of the integral tenets of religion. Article 25 cannot be evoked for protecting non-integral parts of practice that may run counter to public order, health or morality. Positive reforms in cultural practices maybe made and are unaffected by the protection laid down in said Article.
In the present case, the court upheld the decision of the government of Uttar Pradesh that fired an employee for marrying a second wife while his first marriage was still subsisting.
Earlier, the courts had held that a non-muslim man cannot marry a second time by converting to Islam and avoid punishment for bigamy. Conversions for the sake of committing bigamy have also been held invalid by the courts in previous decisions.
Under Islam, a man is allowed to take upto four wives provided he treats them equally and with justice. However, this provision is mainly to provide for maintenance of war widows and orphans and is not to be observed as a right if a muslim man.