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🏛️ Polygyny: the law · #44

Can I take another wife without telling my first wife?

Through lawful channels, no, because the court will summon the existing wife to attend the hearing of the application. The only way to keep it secret is to marry without permission, which is an offence under the state Enactment (for example Act 303, s.123). It also leaves the second wife and children without clear documents. Morally, hiding a marriage often leads to neglect of the rotation and maintenance, and to greater conflict when it comes to light. Islam encourages announcing a marriage and demands justice. Discuss honestly, and get counselling help if needed. See secret polygyny.

Sources

Act 303, s.23Act 303, s.123Surah an-Nisa' 4:129
← PreviousMust I apply again for a third or fourth wife?Next →My wife has already agreed: must I still go to court?

Related questions

Can the first wife claim harta sepencarian when her husband takes another wife?Yes. The court that grants permission for polygyny (or orders the marriage to be registered) may, on the application of any…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…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…Where can I report a husband who has practised polygyny without permission?A complaint is made to the Enforcement Division of the Islamic Religious Department of the state where the husband is resident. Bring whatever information you have…Can the court order maintenance for the first wife when approving polygyny?Yes. State enactments usually allow the court, during or after hearing a polygyny application, to make a mainten…What can the first wife do if her husband marries another without permission?The wife has several legal options and need not stay silent. Among them: • making a complaint to the Division…
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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