🏛️ Polygyny: the law · #64

A husband applies for polygamy while his divorce case with the first wife is still going on. What is the position?

Until the court confirms the divorce, the first marriage still exists, so a new marriage needs polygamy permission; the court will weigh the state of the divorce
case.Act 303 s.23 requires the court's permission for a man who marries again while a marriage subsists. With a divorce pending, the first wife can point out that her rights — ʿiddah maintenance, mut'ah, jointly acquired property and child maintenance — have not been settled, and the court may take this into account. Allah commands parting in a good way (al-Baqarah 2:229), not a separation that ignores rights. The wife should make sure her related claims are filed alongside the divorce case, and tell her lawyer about the polygamy application. See a wife's rights after divorce.

Sources

Act 303, s.23Surah al-Baqarah 2:229Act 303, s.122

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Related questions

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…A husband has divorced his first wife with a revocable (raj'i) talak but her ʿiddah has not ended. Does he need polygamy permission to marry again?Yes. A wife in the 'iddah of a revocable talak is still treated as a wife for many rulings, so a new marriage during that period…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…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…What evidence can a first wife present to object to a polygamy application?The most useful evidence speaks to what the court assesses: real financial ability, the husband's record of fairness…I did not know my husband married me without polygamy permission. Am I also guilty?The offence of polygamy without permission under Act 303 s.123 is placed on the man who marries; a woman genuinely deceived…

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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