MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Polygyny: the law

🏛️ Polygyny: the law · #56

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 ʿiddah of a revocable talak is still treated as a wife for many rulings, so a new marriage during that period counts as polygamy and needs the Syariah Court's permission.
Allah says the husband has a better right to take his wife back during the ʿiddah (al-Baqarah 2:228), a sign the marriage tie has not been fully severed. Act 303 s.23 requires the court's written permission before a man marries again "during the subsistence of a marriage". After the ʿiddah ends, or with an irrevocable talak, the position differs and should be checked with the religious office. The divorce itself must also first be confirmed and registered. Do not try to bypass the process by divorcing hastily just to marry again; the divorced wife's rights such as ʿiddah maintenance and mut'ah must still be met. See the difference between raj'i and baʾin talak.

Sources

Surah al-Baqarah 2:228Act 303, s.23Act 303, s.55A
← PreviousA husband is not complying with the conditions the court set when it approved his polygamy. What can his wife do?Next →The prospective second wife is under the minimum marriage age. What is the procedure?

Related questions

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…A husband applies for polygamy while his divorce case with the first wife is still going on. What is the position?Until the divorce is confirmed, the first marriage still exists, so a new marriage needs polygamy permission; the court…What is the difference between polygyny permission and permission to marry from the religious affairs office?They are two different steps. Polygyny permission is a Syariah Court order allowing a married man to marry ag…Is the first wife's permission needed for the husband to practise polygyny?Under Islamic law and Malaysian law, the first wife's consent is not a condition for the validity of the second marriage, but the vi…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…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.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.