Polygamy in Federal Territories: law, court and procedure

1Applicable law

The Islamic family law for Federal Territories is the Islamic Family Law (Federal Territories) Act 1984 [Act 303].

It applies in Kuala Lumpur, Putrajaya and Labuan.

The text read by this site: updated reprint text as at 1 January 2014 (Attorney General's Chambers). Read the text section by section.

Islamic affairs are a state matter, so section numbers and practice in Federal Territories 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 23

s.23 forbids a married man from marrying again without the prior written permission of the Court (s.23(1)). It applies to a marriage within the state by a man resident in or outside it, and to a marriage outside the state by a man resident in it.

The application comes with an iqrar (s.23(3)) stating: why the marriage is just or necessary; present income; commitments and financial obligations; the number of dependants, including those who would become dependants after the marriage; and whether the consent or views of the existing wife have been obtained. The wife's consent is not one of the conditions for permission, but the applicant must state it.

The Court summons the applicant, the existing wife or wives, the intended wife, her wali and anyone able to give evidence; the hearing is held in camera (s.23(4)). A copy of the application and iqrar is served with the summons on each existing wife (s.23(5)).

Permission may be granted if the Court is satisfied on all four of these (s.23(4)(a)–(d)):

1. the marriage is just or necessary, having regard, among others, to 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;
2. the applicant has the means to support all his wives and dependants as Hukum Syarak requires;
3. the applicant is able to accord equal treatment (the wording of the Act's English text: equal treatment) to all his wives;
4. the marriage will not cause darar syarie to the existing wife or wives.

A party dissatisfied with the decision may appeal (s.23(6)).

3Which court to apply to

Federal Territories Syariah High Court, Kompleks Mahkamah Syariah Wilayah Persekutuan, No 71, Jalan Sri Hartamas 1, Taman Sri Hartamas, 50480 Kuala Lumpur. Tel: 03-6205 7000 / 7200. Branches: Kuala Lumpur, Putrajaya, Labuan.

Address checked on the official portal on 27 Oct 2026: www.mswp.gov.my.

The polygamy section only says “the Court”. JKSM Practice Direction No. 14/2006 (in force 1 June 2006) directs that polygamy cases under this section be heard in the Syariah High Court. The application is usually filed at the Syariah High Court for the place where the applicant resides; confirm at the counter.

Official court portal: www.mswp.gov.my. All courts and religious departments: Syariah Court directory.

4Documents, forms and fees

Specific to Federal Territories: Case registration by e-Filing is open to private Syariah lawyers (MSWP notice). For the polygamy form itself, ask at the court counter.

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 in camera: the judge weighs the reasons, means, fairness and the effect on the existing wife.
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.123: a fine not exceeding RM1,000 or imprisonment not exceeding six months or both (AGC text, 2014).

A marriage without permission may not be registered unless the Court is satisfied it is valid under Hukum Syarak and orders its registration (s.23(1A)). The husband must also pay immediately all mas kahwin and pemberian owed to the existing wife; if unpaid, it can be claimed as a debt (s.23(7)).

If the husband married in secret · Marrying abroad

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

When granting permission, the Court may, on the application of any party, (a) order maintenance for the existing wife; or (b) order the division of assets acquired jointly during the marriage, or their sale (s.23(9)(a), (b)). The existing wife can make this application in the same proceedings.

Harta sepencarian on divorce is governed by s.122: 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.81). 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.84).

Harta sepencarian · Rights of the existing wife · Maintenance

8Religious office and help

State Islamic religious office: Federal Territories Islamic Religious Department (JAWI) — Kompleks Pusat Islam, Jalan Perdana, 50676 Kuala Lumpur. Tel: 03-2274 9333. www.jawi.gov.my

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