🏛️ Polygyny: the law · #62

I did not know my husband married me without polygamy permission. Am I also guilty?

The offence of polygamy without permission under Act 303 s.123 is placed on the man who marries; a woman genuinely deceived about his status is in the position of a victim, though state provisions and practice should be checked.
Allah does not hold a person accountable for what they did not know or intend (al-Ahzab 33:5). Administrative consequences remain, however: the marriage must be confirmed and registered, possibly after the husband is fined. Steps: gather evidence that you were deceived, such as forms declaring him single or messages; report to the religious office; apply to confirm the marriage so your and your children's rights are protected; and get a Syariah lawyer's advice. If you want to leave the marriage because of the deception, discuss the option of fasakh. See a wife's rights when her husband marries without permission.

Sources

Act 303, s.123Surah al-Ahzab 33:5Act 303, s.38

← PreviousWho files a polygamy application — the husband, the prospective wife or her guardian?Next →What offence is committed by unauthorised officiants or syndicates who marry polygamous couples unlawfully?

Related questions

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…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…Where can I report a husband who has practised polygyny without permission?A complaint is made to the Enforcement Division of the Islamic Religious Department of the state where the husband is resident. Bring whatever information you have…Is a polygynous marriage without court permission valid?From the Syariah standpoint, the nikah may be valid if all the pillars and conditions are met (wali, two witnesses, ijab and qabul, a spouse w…My husband died before our polygamous marriage was registered. What is my and my child's status?You need to apply for confirmation of the marriage at the Syariah Court with evidence of a valid contract; if confirmed, you and…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…

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.

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