🏛️ Polygyny: the law · #61
Who files a polygamy application — the husband, the prospective wife or her guardian?
The application is filed by the man who wishes to marry again; the prospective wife and her guardian do not file, but they are summoned to the hearing.
Act 303 s.23(1) and (3) place the duty to apply on the married man, with an iqrar on his grounds, income and dependants. This fits the man's responsibility as provider (an-Nisa' 4:34). A prospective wife who wants to be sure the process is proper may ask to see a copy of the filed application or the hearing notice, and ask at the religious office or court about its status. If the man refuses to apply and suggests a border marriage, that is a warning sign. After polygamy permission is granted, the ordinary permission to marry must still be obtained. See the difference between polygamy permission and permission to marry.
Act 303 s.23(1) and (3) place the duty to apply on the married man, with an iqrar on his grounds, income and dependants. This fits the man's responsibility as provider (an-Nisa' 4:34). A prospective wife who wants to be sure the process is proper may ask to see a copy of the filed application or the hearing notice, and ask at the religious office or court about its status. If the man refuses to apply and suggests a border marriage, that is a warning sign. After polygamy permission is granted, the ordinary permission to marry must still be obtained. See the difference between polygamy permission and permission to marry.