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🏛️ Polygyny: the law · #50

Is the polygyny procedure the same in every state in Malaysia?

The principle is nearly the same, but the details differ. Every State requires the Syariah Court’s permission before a married man marries again. The differences lie in the forms and documents required, fees, the method of filing (counter or online), section numbers, and the penalty for the offence of polygamy without permission. The court’s power to order maintenance and the division of harta sepencarian when approving polygamy is found in Act 303 s.23(9) and in State enactments (for example Selangor 2003 s.23(10); Perlis s.23(9)), but not in every State: in Sarawak, s.21(10) covers maintenance only, and s.22 in Terengganu has no such power. Terengganu also differs because s.22 does not list the four conditions. That is why you should always refer to your own State’s enactment and religious office. A summary is available in the table of State laws.

Sources

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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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