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🏛️ Polygyny: the law · #4

Is the first wife's permission needed for a husband to take another wife?

Under Syariah law and Malaysian law, the first wife's consent is not a condition for the validity of a second marriage, but her views carry great weight. In the application, the husband must state whether the existing wife consents. The court will also summon the existing wife to attend and be heard. A well-founded objection, for example evidence that the husband cannot afford it or will cause harm (darar), can lead to the application being rejected. Conversely, the wife's consent does not guarantee approval, because the court still assesses the husband's means and justice. Being frank with your wife from the start is required etiquette and reduces conflict. Read women's rights and polygyny procedure.

Sources

Act 303, s.23Surah an-Nisa' 4:19
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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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