🏛️ Polygyny: the law · #134
My first wife has died, but my second wife is still alive. Do I need the court's permission to marry again?
Yes; as long as you still have a wife, a new marriage is polygyny and requires the court's written permission. The law looks at the marriage that currently exists, not at how many times you have married. Your present wife will be called, and the court will assess your means and fairness as usual. Take time to talk with your wife and children, especially if the loss is still recent. Allah says: “But if you fear that you will not be just, then (marry) only one…” (Surah an-Nisa' 4:3). See the court's permission.
Sources
Surah an-Nisa' 4:3