Polygamy in Terengganu: law, court and procedure

1Applicable law

The Islamic family law for Terengganu is the Islamic Family Law (Terengganu) Enactment 2017 [En. Tr. 1/2017].

The text read by this site: full text from a third-party upload of a printed copy (not an official source); check against the gazette. Read the text section by section.

Islamic affairs are a state matter, so section numbers and practice in Terengganu may differ from other states. Amendments after the date of that copy may not be included; for the current text, please check with the Syariah court or the state Islamic religious office.

2Permission for polygamy: section 22

In Terengganu, polygamy is governed by s.22. The section is a single sentence: a man may not marry another woman anywhere while still married to his existing wife except with the prior written permission of a Syarie Judge.

Unlike Act 303 and most other enactments, s.22 does not list the four conditions for permission, and says nothing about an iqrar, summoning the existing wife or orders for maintenance and assets. In practice the court still examines the applicant's means: in a 2019 case an application was struck out because the applicant brought no witness on his means. For what will be assessed in your application, please check with the Terengganu Syariah court.

3Which court to apply to

Kuala Terengganu Syariah High Court. The application is made by notice of application and affidavit. The state court portal refused access when addresses were checked; confirm the address with the court.

Official court portal: syariah.terengganu.gov.my. All courts and religious departments: Syariah Court directory.

4Documents, forms and fees

Specific to Terengganu: 2 copies of the notice of application and affidavit; an out-of-jurisdiction service form if the wife lives outside Terengganu; Form MS 27 (identification of exhibits); identity card copies; residence letter; payslips, bank statements or a JKKK income certificate; marriage certificate; the intended wife's divorce or death certificate.

Documents usually requested (the actual list is set by the court):

• Identity cards of the applicant, the existing wife and the intended wife
• Marriage certificate of the existing marriage
• Proof of income: recent payslips, bank statements, EPF statement, a list of debts and commitments
• Details of dependants: wives, children and anyone who will be affected
• The existing wife's address so that documents can be served on her
• A divorce or death certificate if the intended wife is a divorcee or widow

Fees: fee rates are not shown here because this state's official schedule has not been read; please check the current rates with the Syariah court.

Court checklist (printable) · Procedure by state

5Steps in the application

1. Prepare the documents and the iqrar; get advice from a Syariah lawyer if needed.
2. File the application at the Syariah High Court and pay the registration fee.
3. The court sets a date and issues a summons or notice to the parties.
4. Hearing before a Syarie Judge; bring witnesses and proof of means.
5. If permission is granted, collect the written order and take it to the Islamic religious office for the marriage and its registration.

Time frames, forms and the exact order differ by court; please check the current rules with the Syariah court or the state Islamic religious office.

6Marrying without permission

Marrying again without written permission is an offence under s.126. For the current maximum fine and imprisonment, please check with the state Syariah court; the text of the section that was read is at that link.

If the husband married in secret · Marrying abroad

7The existing wife’s rights: maintenance, assets and children

Section 22 gives no specific power to order maintenance or division of assets at the polygamy-permission stage. The wife's right to maintenance still applies under the maintenance part of the enactment.

Harta sepencarian on divorce is governed by s.59: the Court weighs each party's contribution (money, property or work), debts incurred for joint benefit and the children's needs. For assets from joint efforts, the text read directs the Court to incline towards equal division after weighing those matters.

Hadhanah (custody of children): the mother is best entitled to custody of young children during the marriage and after divorce (s.84). The mother's right ends when a boy reaches 7 and a girl 9, but the Court may extend it to 9 and 11; after that a discerning (mumaiyiz) child may choose to live with either parent, unless the Court orders otherwise (s.87).

Harta sepencarian · Rights of the existing wife · Maintenance

8Religious office and help

State Islamic religious office: Terengganu Religious Affairs Department (JHEAT) (official site: see the state government portal)

The Islamic religious office handles the registration of marriage, divorce and ruju', pre-marriage courses and family counselling. For the current rules on forms, fees and time frames, please check directly with your state Syariah court or Islamic religious office.

Q&A: polygamy and the law · All states

Sources & references