Unwilling Co-Wives and the Law of Polygamy in Pakistan

This paper is a legal realist endeavor that seeks to uncover thorough and exhaustive description of Polygamy Law in Pakistan before moving on prescriptive analysis. Having an understanding the stakes involved, background rules at play inadequacies within law can be immensely useful identifying harm redressing it. Thus, first separating “Is” from “Ought”, Part I describes Pakistani polygamy limited remedies available unwilling cowives. In II, “background rules” driving bargain amongst parties’ enter (or leave) polygamous marriages discussed. Thereafter III, distributive analysis conducted using “ideal-types” polygamy’s dual nature as security or threat for all parties impacted by law. Here rely idea marital partners “bargain shadow law” with bargaining endowments created part rules. By comparing four typical but contrasting examining about formation breakup marriages, role pre-existing new wife’s consent not) economic consequences poly-formation ongoing divorcing demonstrate surpluses generated distributions currently place both benefit Finally, IV will prescribe restorative justice approach situation cowives, arguing solution ought focused social, emotional caused cowives than simply punishing perpetrator. Monetary restoration, victim-focused circles, involvement wider community are proposed alternatives punishment. My goal this project provide nuanced theoretically informed topic over which much ink has already been spilled. analytical techniques toolkit, seek recast case more just “ban it” “allow issue.