🏛️ Polygyny: the law · #58
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, he can first resolve the status of the first marriage.
Act 303 s.23(4) requires the existing wife to be summoned to the hearing, and the court decides on suitable service if she cannot be traced. Allah forbids leaving a wife suspended without certainty (an-Nisa' 4:129), and the same principle protects a husband from being left in limbo. If a spouse's whereabouts have been unknown for over a year, the law provides routes such as divorce or fasakh (s.52), and in some cases a presumption of death (s.53). Gather evidence of the search: police reports, messages, family statements. Get a Syariah lawyer's advice on the best route. See the question on a first wife not attending.
Act 303 s.23(4) requires the existing wife to be summoned to the hearing, and the court decides on suitable service if she cannot be traced. Allah forbids leaving a wife suspended without certainty (an-Nisa' 4:129), and the same principle protects a husband from being left in limbo. If a spouse's whereabouts have been unknown for over a year, the law provides routes such as divorce or fasakh (s.52), and in some cases a presumption of death (s.53). Gather evidence of the search: police reports, messages, family statements. Get a Syariah lawyer's advice on the best route. See the question on a first wife not attending.