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🏛️ Polygyny: the law · #126

My wife left home long ago and refuses to come back. Can this be a reason for a polygyny application?

The court may consider this situation, but it is better to settle the position of your existing marriage first. A wife who has left home may have reasons that need to be heard, and the court will call her to give her side. Before thinking about another marriage, try to reach her through a mediator, a sulh officer or the JAIN family counselling unit. If she still refuses to return without a valid reason under Islamic law, ask a syarie lawyer about the options at the Syariah Court. The children's maintenance remains obligatory throughout this period. Taking another wife while your first marriage is left hanging can add to the tangle. See nusyuz.

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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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