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🏛️ Polygyny: the law · #57

The prospective second wife is under the minimum marriage age. What is the procedure?

Besides polygamy permission, marrying a woman under the minimum age requires a Syariah Judge's written permission, and the court examines the girl's welfare, maturity and safety very strictly.
Act 303 s.8 provides that no marriage may be solemnised where the man is under eighteen or the woman under sixteen except with a Syariah Judge's written permission in certain circumstances; some states have amended this or added conditions, so check your state enactment. Islam requires marriages that protect welfare and cause no harm (Sunan Ibn Majah 2340). In polygamy, the court also weighs whether the marriage is just and fair to everyone. Parents and guardians should ask: is the girl truly willing and ready, and will her education suffer? See the minimum age for marriage.

Sources

Act 303, s.8Act 303, s.23Sunan Ibn Majah 2340 (sahih)
← PreviousA 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?Next →The first wife has been missing for a long time or cannot be traced. May the husband apply for polygamy?

Related questions

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…What if the prospective second wife is a foreigner?You need permission for polygyny from the Syariah Court and must meet the additional conditions for marriage with a fo…The prospective second wife lives in another state — where must I apply?An application for permission for polygyny is usually made at the Syariah Court of the state where the husband is resident. The prospective wife must…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…Who files a polygamy application — the husband, the prospective wife or her guardian?The application is filed by the man who wishes to marry again; the prospective wife and her guardian do not file…How does the court judge whether a husband "will be fair" when the new marriage has not yet happened?The court judges from past evidence and future plans: how the husband treats and maintains his existing wife, his…
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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