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🏛️ Polygyny: the law · #59

Does the court take the first wife's income into account when assessing a husband's ability to take another wife?

The ability assessed is the husband's own; a wife's maintenance is the husband's duty even if she earns, so the first wife's salary should not be used to fund a new marriage.
Allah places the duty of maintenance on men because of what they spend from their wealth (an-Nisa' 4:34), and a wife's property is her own (4:32). Act 303 s.23 asks the court to be satisfied that the applicant can support all his wives and dependants. At the hearing, the first wife may explain if she in fact bears much of the household spending, as this shows the husband's real ability. A working wife does not lose her right to maintenance after her husband takes another wife. See the question on maintenance for a working first wife.

Sources

Surah an-Nisa' 4:34Surah an-Nisa' 4:32Act 303, s.23
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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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