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🏛️ 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.

Sources

Act 303, s.23Surah an-Nisa' 4:34Act 303, s.16
← PreviousMy husband died before our polygamous marriage was registered. What is my and my child's status?Next →I did not know my husband married me without polygamy permission. Am I also guilty?

Related questions

A husband is not complying with the conditions the court set when it approved his polygamy. What can his wife do?She can return to the Syariah Court to enforce the order, claim maintenance arrears, and if harm results, seek…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…Must the prospective second wife and her guardian attend the hearing of a polygamy application?Yes. Act 303 s.23(4) requires the court to summon the applicant, the existing wife or wives, the woman to be married…The first wife has been missing for a long time or cannot be traced. May the husband apply for polygamy?He may apply, but the court will make sure reasonable efforts are made to serve notice on the wife; alternatively…What evidence can a first wife present to object to a polygamy application?The most useful evidence speaks to what the court assesses: real financial ability, the husband's record of fairness…May a husband withdraw a polygamy application he has filed?Yes. The applicant may withdraw before a decision is made, for example after talking things through again with…
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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