🏛️ Polygyny: the law · #65

What evidence can a first wife present to object to a polygamy application?

The most useful evidence speaks to what the court assesses: real financial ability, the husband's record of fairness and treatment, and the harm that may result to the wife and children.
Act 303 s.23 asks the court to be satisfied that the marriage is just or necessary, that the applicant can support all dependants, is able to be fair, and that it will not cause syarie harm to the existing wife. Allah commands us to be just witnesses (an-Nisa' 4:135). Examples of evidence: records of inconsistent or overdue maintenance, the husband's large debts, medical or police reports if there has been violence, messages showing neglect, and actual household expenses. Present it calmly and factually, not as a personal attack. A Syariah lawyer can help organise the evidence. See the question on objecting in court.

Sources

Act 303, s.23Surah an-Nisa' 4:135Surah al-Hujurat 49:6

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Related questions

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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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