Self-check: the court's four conditions
Before granting permission for a polygamous marriage, the Syariah Court must be satisfied on four matters. The questions below follow those four matters, so that you can see honestly what you will be asked.
The state where you reside
These four conditions are written in Act 303 s.23(4), s.23(5) of the enactments of ten states and Perlis, and s.21(5) of the Sarawak Ordinance. Terengganu is different. Choose a state to see the content of the text held by this site.
Act 303 s.23: the four conditions are in s.23(4)(a)–(d). A copy of the application and the iqrar is served with the summons on each existing wife (s.23(5)).
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
Perlis, s.23 of the 2006 Enactment (as amended by Enactment A19/2008): the four conditions are in s.23(5)(a)–(d), but the text of s.23(5) requires the Court to summon the applicant only, and there is no subsection for serving the application on the existing wife.
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
Terengganu, s.22 of the 2017 Enactment: a single sentence, namely written permission from the Syarie Judge. These four conditions are not listed, and the text was taken from an unofficial copy (please check with the Terengganu gazette). How applications are assessed in Terengganu: ask at the counter. The questions below are still useful for reflection.
This state's enactment: the four conditions are in s.23(5)(a)–(d). The Court summons the applicant, the existing wife or wives, the woman to be wedded and her wali, and a copy of the application and the iqrar is served on each existing wife and on the woman to be wedded (s.23(6)).
Sarawak, s.21 of the 2001 Ordinance: the four conditions are in s.21(5)(a)–(d). A copy of the application is served on each existing wife and on the woman to be wedded (s.21(6)).
Text for each state: State enactments · Act 303
(a) Just and necessary
The Court must be satisfied that the proposed marriage is just or necessary. The enactment mentions, among others, circumstances such as sterility, physical infirmity, physical unfitness for conjugal relations, wilful avoidance of an order for restitution of conjugal rights, or insanity on the part of the existing wife. The words “among others” mean the list is not closed.
(b) Means
The Court must be satisfied that the applicant has the means to support, as required by Hukum Syarak, all his wives and dependants, including persons who would become his dependants as a result of the proposed marriage.
(c) Fair treatment
The Court must be satisfied that the applicant would be able to accord fair treatment to all his wives as required by Hukum Syarak. The State enactments' English texts say “fair treatment”, while Act 303 says “equal treatment”.
(d) No harm recognised by Syariah law (darar syarie)
The Court must be satisfied that the proposed marriage would not cause darar syarie to the existing wife or wives. Act 303 s.2 defines darar syarie as harm, according to what is normally recognised by Hukum Syarak, affecting a wife in respect of religion, life, body, mind, dignity or property.
Before applying
Your reflections
Sections with an answer of “Not yet certain” or “No” are shown with points to reflect on and related reading. This is not an assessment of eligibility.
(a) Just and necessary
The reasons are the first thing stated in the iqrar of the application. Try writing your reasons on paper, then read them again after a few days. If the reasons keep changing, or come from a conflict that is not yet resolved, that is worth resolving first.
Read: The four conditions · Impulse & decisions · Court cases
Your answers for this section do not show anything still open. The Court still assesses it from evidence and testimony, not from the answers to a self-check.
Some questions in this section have not been answered.
(b) Means
According to the Procedure by state page, common reasons for an application failing include net income that is not enough after deductions, an applicant in a debt management programme of the Credit Counselling and Debt Management Agency (AKPK), and no witnesses supporting the applicant's means. Work out your figures with the two-household calculator before going further.
Read: Two-household calculator · Finances of two households · Maintenance rates
Your answers for this section do not show anything still open. The Court still assesses it from evidence and testimony, not from the answers to a self-check.
Some questions in this section have not been answered.
(c) Fair treatment
The fairness assessed is not about money alone. It includes turns, accommodation and everyday treatment. The Pahang and Perak forms ask for proposed maintenance for each wife and child and a proposed overnight rotation, so this plan needs to be written down, not just thought about.
Read: Rotation planner · Managing turns · Relations between co-wives
Your answers for this section do not show anything still open. The Court still assesses it from evidence and testimony, not from the answers to a self-check.
Some questions in this section have not been answered.
(d) No harm recognised by Syariah law (darar syarie)
A wife's consent is not a legal condition, but the iqrar of the application must state whether her consent or views have been obtained. In most states the enactment requires the court to summon the existing wife, and she may attend and give her views. Listen to her views before the court hears them.
Read: Existing wives · Children & polygamy · Counselling
Your answers for this section do not show anything still open. The Court still assesses it from evidence and testimony, not from the answers to a self-check.
Some questions in this section have not been answered.
Before applying
The court checklist brings together the documents and steps for each state as recorded on the Procedure by state page, and marks what needs to be asked at the counter.
Read: Court checklist · Procedure by state · State enactments
Your answers for this section do not show anything still open. The Court still assesses it from evidence and testimony, not from the answers to a self-check.
Some questions in this section have not been answered.
Next steps
- Talk through your answers with someone you trust, or with a counsellor: Counselling.
- Work out the real figures: Two-household calculator.
- See the documents and steps in your state: Court checklist.
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