🏛️ 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.
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.