🏛️ Polygyny: the law · #36
How does a husband apply to the Religious Court (Pengadilan Agama) in Indonesia for permission to take another wife?
The procedure is set out in Government Regulation (PP) Number 9 of 1975, Articles 40 to 44:
• the husband submits a written application to the Religious Court (Article 40);
• the Court examines whether the grounds and conditions are met: the wife's consent, written or oral (oral consent must be given before the court in session); proof of means, such as an income statement signed by the employer or an income-tax statement; and the husband's statement or promise to treat his wives justly (Article 41);
• the judge must summon and hear the wife, and the examination must take place no later than 30 days after the application and its attachments are received (Article 42);
• if the grounds are sufficient, the Court issues a decision granting permission (Article 43);
• the marriage registrar is barred from registering the husband's marriage before the Court's permission exists (Article 44).
If the wife refuses her consent, KHI Article 59 allows the Religious Court to grant permission after examining and hearing the wife in session; the wife or the husband may appeal (banding) or seek cassation (kasasi) against that ruling. A second marriage without the Religious Court's permission has no legal force (KHI Article 56). For the grounds and conditions examined, see What are the conditions for polygyny in Indonesia? and Indonesia.
• the husband submits a written application to the Religious Court (Article 40);
• the Court examines whether the grounds and conditions are met: the wife's consent, written or oral (oral consent must be given before the court in session); proof of means, such as an income statement signed by the employer or an income-tax statement; and the husband's statement or promise to treat his wives justly (Article 41);
• the judge must summon and hear the wife, and the examination must take place no later than 30 days after the application and its attachments are received (Article 42);
• if the grounds are sufficient, the Court issues a decision granting permission (Article 43);
• the marriage registrar is barred from registering the husband's marriage before the Court's permission exists (Article 44).
If the wife refuses her consent, KHI Article 59 allows the Religious Court to grant permission after examining and hearing the wife in session; the wife or the husband may appeal (banding) or seek cassation (kasasi) against that ruling. A second marriage without the Religious Court's permission has no legal force (KHI Article 56). For the grounds and conditions examined, see What are the conditions for polygyny in Indonesia? and Indonesia.
Sources
Government Regulation (PP) No. 9 of 1975, Article 40–44Compilation of Islamic Law (KHI), Article 56–59Law (UU) No. 1 of 1974, Article 3–5