Checklist for a polygamy application

Law and court

Polygamy applications are heard in the Syariah High Court under JKSM Practice Direction No. 14/2006 (in force from 1 June 2006). Confirm at the counter.

Documents

• Application form or summons, statement of claim or affidavit, complete and typed, with the number of copies the state requires

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• Personal particulars form or General Title form (Borang Tajuk Am), if requested

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• Copy of the identity card (KP) of the applicant

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• Copy of the IC of the existing wife (each wife)

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• Copy of the IC of the woman to be wedded

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• Copy of the IC of the wali of the woman to be wedded

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• Copy of the marriage certificate with the existing wife

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• If the woman to be wedded is divorced or widowed: copy of the divorce certificate, or the death certificate of her former husband

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• Copies of the birth certificates or MyKid of all children

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• Latest 3 months' salary slips, bank statements, income confirmation or income tax form

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• Proposed monthly maintenance for each wife and child, and a proposed overnight rotation

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• Letter confirming residence, if the IC address is different

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• Application to marry form (Selangor: Borang 2B)

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• Form for service outside the jurisdiction, if the wife lives in another state

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• Exhibit identification form (Terengganu: Borang MS 27)

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• Wakalah (letter appointing a Syarie lawyer), if represented

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• Property documents

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Items for all states

• An iqrar or pleading stating why the marriage is just or necessary, income, commitments and financial obligations, number of dependants (including dependants after the marriage), and whether the consent or views of the existing wife have been obtained

  all states

  Requirement of the enactment text (s.23(4); Act 303: s.23(3); Sarawak: s.21(4))

• A list of monthly spending, debts and commitments

  all states

  General advice of this site, to support the iqrar

• Originals of all copies, to bring on the mention and hearing dates

  all states

  General advice of this site (Pahang: originals are brought on the hearing date)

• Witnesses who can support the evidence of your means

  all states

  General advice of this site (one case at the Terengganu Syariah High Court, 2019, was struck out partly because there was no witness to the applicant's means)

• Police or armed forces personnel: a letter of permission from the Commanding Officer or the Inspector-General of Police

  all states

  JKSM Practice Direction No. 2/2007 (in force from 15 June 2007)

• Officers and members of the Malaysian Maritime Enforcement Agency (APMM): the APMM Application Form for Permission to Practise Polygamy, notified to and endorsed by the Director-General of APMM

  all states

  JKSM Practice Direction No. 1/2019

Steps

1. Check yourself against the court's conditions: Self-check and Two-household calculator.

2. Get the forms from the state Syariah Judiciary Department portal or at the counter.

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3. Complete the iqrar or pleading: reasons, income, commitments, dependants, and whether the consent or views of the existing wife have been obtained.

   Sarawak Ordinance s.21(4).

4. Prepare copies in the number the state requires.

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5. Register at the counter, affirm the affidavit before the Registrar or Assistant Registrar, and pay the fee.

6. Mention date: note the date given.

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7. Service of the summons or notice on the existing wife.

   Enactment text (s.21(6)): on each existing wife and on the woman to be wedded.

8. Hearing in chambers: bring the original documents and witnesses who can support your means.

9. Decision and order: collect the sealed written order.

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10. After approval: apply for permission to marry at the District Islamic Religious Office or the marriage registrar, bringing the order. Do not hold the akad before receiving permission to marry from the registrar.

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