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🏛️ Polygyny: the law · #49

Why is court permission needed when Islam permits polygyny?

Court permission does not forbid what is lawful; it is a governmental administrative measure to ensure that the Qur'an's condition of fairness is truly met. Allah states that if you fear you cannot be fair, then only one (an-Nisa' 4:3). The court's role is to filter out applications that would clearly lead to injustice, such as a husband unable to support his existing family. Scholars accept that the ruler may set regulations for the public good (maslahah), as long as they do not forbid what is lawful, and the people are asked to obey those in authority (ulil amri) in what is right (an-Nisa' 4:59). Registration also protects the rights of wives and children. See polygyny in Malaysia.

Sources

Surah an-Nisa' 4:3Surah an-Nisa' 4:59Act 303, s.23
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Related questions

What is the difference between polygyny permission and permission to marry from the religious affairs office?They are two different steps. Polygyny permission is an order of the Syariah Court allowing a married man to marry again.…Does polygyny in Brunei require permission?Yes, polygyny in Brunei is regulated by the country's Islamic family law. The main law is the Emergency…Is a polygynous marriage without court permission valid?Under Syariah, the marriage may be valid if all its pillars and conditions are met (wali, two witnesses, offer and…Which court must I file a polygyny application in?A polygamy application is filed in the Syariah Court of the State where you reside. The Islamic family law enactments…Do I need court permission to marry again in Malaysia?Yes, a man who already has a wife must first obtain the written permission of the Syariah Court before marrying again.…How long must I wait to apply for polygyny again after being refused?There is no fixed waiting period in law. However, a new identical application with no change in the facts is likely…
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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