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🏛️ Polygyny: the law · #54

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, which can then be put to the court as conditions.
Allah says that reconciliation is better (an-Nisa' 4:128) and recommends arbiters from both families when a breakdown is feared (an-Nisa' 4:35). The court may also attach conditions to its permission. Matters commonly negotiated: the monthly maintenance and how it is paid; separate housing; the rota schedule; division or protection of jointly acquired property; and children's education costs. A first wife who does not agree to the polygamy can still voice her objection; negotiating does not mean she must consent. Get a lawyer's advice so the agreement is clearly written. See the question on conditions in a polygamy order.

Sources

Surah an-Nisa' 4:128Surah an-Nisa' 4:35Act 303, s.23
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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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