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🏛️ Polygyny: the law · #18

What is darar syarie in polygyny cases?

Darar syarie (harm recognised by Syariah law) is danger or harm recognised by the Shariah to the wife's religion, life, body, mind, dignity or property. In a polygyny application, the court must be satisfied that the new marriage will not cause darar syarie to the existing wife. Examples raised in cases include a history of violence, neglect of maintenance, or clear financial strain that would affect the wife and children. A wife who objects may present evidence such as police reports, medical records or maintenance arrears. The definition of darar syarie is found in the interpretation section of the state Enactment. Read women's rights and glossary.

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Related questions

What does 'just or necessary' mean in a polygyny application?It means the court must be satisfied that the proposed marriage has a reasonable cause. Act 30…What must be stated in the declaration for a polygyny application?The application must be accompanied by a declaration stating important information about yourself and your dependants. In the Federal T…Do I need to appoint a Syarie lawyer for a polygyny application?It is not compulsory; applicants may file the application themselves. Many applicants handle the application without a lawyer, especially i…Can a polygyny application be made online?It depends on the state. Some Syariah Courts have introduced electronic filing through the e-Syariah system a…What happens if a married man declares himself single on the marriage form to avoid a polygamy application?It is an offence: Act 303 s.38 makes a false iqrar or statement made to procure a marriage an offence punishable by fine or…What must be stated in the iqrar for a polygamy application about income and dependants?Act 303 s.23(3) requires the application to be accompanied by an iqrar stating why the proposed marriage is just or necessary…
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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