🏛️ Polygyny: the law · #35

Is a wife's infertility or illness a strong reason for polygyny?

Circumstances such as a wife's infertility or physical infirmity are cited as examples of 'just or necessary' grounds in Act 303 section 23 and equivalent enactments. But these grounds alone are not enough. The court still assesses financial ability, the capacity to be just, the potential for harm recognised by Syariah law (darar syarie), and the effect on the living standard of the existing family. Medical evidence may be requested, and the wife's views will be heard. A wife who is ill is also entitled to continue receiving maintenance, care and a fair turn after her husband marries again. Responsibility towards her does not lapse. Read conditions for polygyny and maintenance.

Sources

Act 303, s.23Surah an-Nisa' 4:19Surah an-Nisa' 4:129

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Related questions

Must one apply again for a third or fourth wife?Yes, each time a married man wishes to marry again, he must apply for a new Syariah Court permission…Must the prospective second wife and her guardian attend the hearing of a polygamy application?Yes. Act 303 s.23(4) requires the court to summon the applicant, the existing wife or wives, the woman to be married…May the first wife and husband negotiate through sulh or counselling during a polygamy application?Yes, and it often helps: negotiation can produce a written agreement on maintenance, housing, the rota and property…A husband has divorced his first wife with a revocable (raj'i) talak but her ʿiddah has not ended. Does he need polygamy permission to marry again?Yes. A wife in the 'iddah of a revocable talak is still treated as a wife for many rulings, so a new marriage during that period…The first wife has been missing for a long time or cannot be traced. May the husband apply for polygamy?He may apply, but the court will make sure reasonable efforts are made to serve notice on the wife; alternatively…Does the court take the first wife's income into account when assessing a husband's ability to take another wife?The ability assessed is the husband's own; a wife's maintenance is the husband's duty even if she…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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