🌍 Children, inheritance & global · #208

My husband is applying for polygamy. Can I ask the court to set our children’s maintenance in the same case?

Yes; Act 303 gives the court power to order child maintenance when permitting polygamy. Section 73(1)(e) lets the court order a man to pay maintenance for the benefit of his child when permitting him to practise polygamy under s.23(1). Section 23(9)(a) lets the court order maintenance for the existing wife. Prepare a list of the children's expenses, such as school, food, medical care and transport, so the court can assess a reasonable amount. Section numbers in state enactments may differ; check your state page. Allah says: “Let the one who has means spend according to his means” (Surah at-Talaq 65:7). See The existing wife.

Sources

Act 303, s.73Act 303, s.23Surah at-Talaq 65:7

← PreviousUntil when must a father pay child maintenance under a court order?Next →My husband is polygamous and we live in separate homes. Does his rota affect who looks after the children?

Related questions

My husband is polygamous and we live in separate homes. Does his rota affect who looks after the children?No; the rota is the wife’s right, while custody and maintenance are the child’s rights. While the marriage continues,…My child is in my custody, but my former husband says he makes the school decisions. Who is right?Both have a role: hadhanah is day-to-day care, guardianship is authority over the child’s person and property. Act 303…Can the court give custody of the eldest child to the father and the youngest to the mother?Yes; the court weighs the welfare of each child separately. Act 303 s.86(4) says that where there are…I am afraid my former husband will take our child abroad without consent. What protection is there?The Syariah court can issue an injunction preventing a child from being taken out of Malaysia. Act 303 s.105…If we both die, who will look after the children? Can a guardian be appointed in a will?Yes, and it is strongly encouraged: parents can state in a will whom they wish to look after the children and manage the chi…The husband has died — who supports our orphaned children?The orphans’ maintenance is taken first from the child’s own share of the estate, managed by the guardian of their property. If that pro…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer