🏛️ Polygyny: the law · #43

Must I apply again for a third or fourth wife?

Yes, every time a married man wishes to marry again, he must apply for fresh Syariah Court permission. Permission for a second wife does not cover later marriages. For an application for a third or fourth wife, all the existing wives will be summoned. The court will reassess financial means and justice, taking all existing households into account. As a rule, the more dependants there are, the heavier the burden of proof. The maximum is four wives at one time; a fifth marriage is invalid while four wives are still married to him or in the ʿiddah of a revocable talaq (raj'i). See fiqh of polygyny and polygyny procedure.

Difference among the schools. The Shafi'i and Maliki schools permit a new marriage after an irrevocable talaq (ba'in) even while the former wife is still in ʿiddah; the Hanafi and Hanbali schools forbid it until the ʿiddah ends.

Sources

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

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Related questions

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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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