🏛️ Polygyny: the law · #55

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 divorce through fasakh or taʿliq.
Allah commands that promises and contracts be fulfilled (al-Maʾidah 5:1), and conditions set by the court are binding orders. Wilful disobedience of a court order can be punished (Act 303 s.132), maintenance arrears can be claimed as a debt (s.69), and failure to provide maintenance or unfairness between wives can be grounds for fasakh (s.52). Gather evidence: a copy of the order, payment records, messages and the actual rota. Start with a reminder letter or discussion with a mediator if it is safe, then file an application. See the question on fasakh for unfairness.

Sources

Surah al-Ma'idah 5:1Act 303, s.132Act 303, s.52

← PreviousMay the first wife and husband negotiate through sulh or counselling during a polygamy application?Next →A husband has divorced his first wife with a revocable (raj'i) talak but her ʿiddah has not ended. Does he need polygamy permission to marry again?

Related questions

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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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