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🏛️ Polygyny: the law · #66

A husband has abused his first wife before. Can this stop his polygamy application?

A record of violence is highly relevant, because the court must be satisfied that the applicant can be fair and that the marriage will not cause syarie harm; proof of abuse can be a strong reason to refuse.
Allah forbids hurting believers (al-Ahzab 33:58), and the Prophet ﷺ never struck his wives (Sahih Muslim, Kitab al-Fadha'il). Act 303 s.23 asks the court to assess fairness and harm. Evidence such as protection orders, police reports, medical reports or convictions under the Domestic Violence Act 1994 can be presented. The prospective second wife and her guardian are also entitled to know this history before agreeing. The first wife's and children's safety must come first; if there is still a threat, obtain a protection order and call Talian Kasih 15999. See Domestic violence.

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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