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Self-check: the court's four conditions

Before granting permission for a polygamous marriage, the Syariah Court must be satisfied on four matters. The questions below follow those four matters, so that you can see honestly what you will be asked.

Private. This check runs in your browser only. Your answers are not sent anywhere and are not stored; they disappear when the page is closed or reloaded.
Not a verdict and not encouragement. Only the Syariah Court can grant permission for a polygamous marriage. This check gives no score, does not say whether you qualify, and neither encourages nor discourages anyone. It shows what is still open and the reading that relates to it.

The state where you reside

These four conditions are written in Act 303 s.23(4), s.23(5) of the enactments of ten states and Perlis, and s.21(5) of the Sarawak Ordinance. Terengganu is different. Choose a state to see the content of the text held by this site.

Text for each state: State enactments · Act 303

(a) Just and necessary

The Court must be satisfied that the proposed marriage is just or necessary. The enactment mentions, among others, circumstances such as sterility, physical infirmity, physical unfitness for conjugal relations, wilful avoidance of an order for restitution of conjugal rights, or insanity on the part of the existing wife. The words “among others” mean the list is not closed.

I can write, honestly and in a few sentences, why this marriage is just or necessary, and not merely a wish.
I have read the circumstances mentioned in the enactment and considered whether my reasons can be explained to a judge.
This decision is not being made in anger or boredom, or during a marital conflict that has not been resolved.

(b) Means

The Court must be satisfied that the applicant has the means to support, as required by Hukum Syarak, all his wives and dependants, including persons who would become his dependants as a result of the proposed marriage.

I know my net pay after deductions, and the real total of my monthly commitments.
After all commitments, what is left of my income is enough for another household without reducing the maintenance of my existing wife and children.
Maintenance for my existing wife and children has never fallen into arrears.
I have income documents (salary slips, bank statements) and witnesses who can give evidence of my means.

(c) Fair treatment

The Court must be satisfied that the applicant would be able to accord fair treatment to all his wives as required by Hukum Syarak. The State enactments' English texts say “fair treatment”, while Act 303 says “equal treatment”.

I have planned how time and overnight turns will be divided, including on working days, holidays and festive seasons.
I can provide separate and reasonable accommodation for each wife.
I have honestly assessed whether I can be fair in spending, time and treatment, including when things are difficult.

(d) No harm recognised by Syariah law (darar syarie)

The Court must be satisfied that the proposed marriage would not cause darar syarie to the existing wife or wives. Act 303 s.2 defines darar syarie as harm, according to what is normally recognised by Hukum Syarak, affecting a wife in respect of religion, life, body, mind, dignity or property.

I have thought about the effect of this marriage on the religion, safety, health, dignity and property of my existing wife.
My existing wife knows of my intention, and I am not planning behind her back.
I have thought about the effect of this marriage on the children, and the time I will give them.

Before applying

I know that marrying again without the prior written permission of the Syariah Court is an offence in every state.
I know the court, forms and documents required in the state where I reside.

For existing wives. If your husband is applying, in most states you may attend and give your views in court. Read Existing wives and Procedure by state.

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