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🏛️ Polygyny: the law · #32

Can the court order maintenance for the first wife when approving polygyny?

Yes. State Enactments usually allow the court, during or after hearing a polygyny application, to make a maintenance order for the existing wife and children on the application of the party concerned. Check the exact provision in your state Enactment. Such an order gives certainty that the existing family's standard of living is not affected. A wife who receives a hearing summons can prepare a list of monthly expenses and proof of the children's needs. A court order can be enforced if the husband defaults. Read maintenance and women's rights.

Sources

Act 303, s.23Surah al-Baqarah 2:233Surah at-Talaq 65:7
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Related questions

Can the first wife appeal if the court approves her husband's polygyny?Yes, the existing wife is an interested party and can usually appeal against the decision. The right of appeal is provi…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…Will the first wife be summoned to court during a polygyny application?In most States, yes. Act 303 s.23, s.23 of ten State enactments and s.21 of the Sarawak Ordinance require the court to summ…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…Can the court set conditions when approving polygyny?Yes, the court has discretion to make ancillary orders together with the approval. For example, a monthly maintenance order…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…
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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