🏛️ Polygyny: the law · #69

May a husband withdraw a polygamy application he has filed?

Yes. The applicant may withdraw before a decision is made, for example after talking things through again with his wife or realising he is not ready.
The Prophet ﷺ advised leaving what is doubtful for what is not, and Allah praises those who return to what is right after realising a mistake (Al ʿImran 3:135). Withdrawing is no disgrace; it can be a mature decision that spares everyone harm. The procedure is usually by notice or application to the court hearing the case; ask the court registry or a Syariah lawyer. If an agreement was reached with the first wife during the process, for example on maintenance or property, make sure it is properly recorded. Also inform the prospective wife and her guardian respectfully. See the question on reapplying.

Sources

Surah Ali 'Imran 3:135Surah an-Nisa' 4:3Act 303, s.23

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Related questions

Who files a polygamy application — the husband, the prospective wife or her guardian?The application is filed by the man who wishes to marry again; the prospective wife and her guardian do not file…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…A husband is not complying with the conditions the court set when it approved his polygamy. What can his wife do?She can return to the Syariah Court to enforce the order, claim maintenance arrears, and if harm results, seek…May the first wife and husband negotiate through sulh or counselling during a polygamy application?Yes, and it often helps: negotiation can produce a written agreement on maintenance, housing, the rota and property…A husband has abused his first wife before. Can this stop his polygamy application?A record of violence is highly relevant, because the court must be satisfied that the applicant can be fair and that…What evidence can a first wife present to object to a polygamy application?The most useful evidence speaks to what the court assesses: real financial ability, the husband's record of fairness…

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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