🏛️ Polygyny: the law · #60
My husband died before our polygamous marriage was registered. What is my and my child's status?
You need to apply for confirmation of the marriage at the Syariah Court with evidence of a valid contract; if confirmed, you and the children are recognised as heirs and entitled to the estate.
Allah tells us to record and witness important matters (al-Baqarah 2:282), which is why registration matters so much. Act 303 s.12(2) allows a marriage valid under the Shariah but not solemnised according to procedure to be registered by court order. Helpful evidence: witnesses to the contract, the officiant or authority who conducted it, a certified foreign marriage certificate, photographs and documents. The children are attributed to their father if the marriage was valid and the timing of birth meets the conditions. Expect that other heirs may dispute it; get a Syariah lawyer quickly, since estate matters have deadlines and procedures. See the question on inheritance and unregistered marriages.
Allah tells us to record and witness important matters (al-Baqarah 2:282), which is why registration matters so much. Act 303 s.12(2) allows a marriage valid under the Shariah but not solemnised according to procedure to be registered by court order. Helpful evidence: witnesses to the contract, the officiant or authority who conducted it, a certified foreign marriage certificate, photographs and documents. The children are attributed to their father if the marriage was valid and the timing of birth meets the conditions. Expect that other heirs may dispute it; get a Syariah lawyer quickly, since estate matters have deadlines and procedures. See the question on inheritance and unregistered marriages.