Frequently asked questions

No. It is harus (permissible) — allowed, not required. The ruling changes to sunat (recommended), makruh (disliked) or haram (forbidden) according to the circumstances of the person concerned. See Rulings.

The Prophet ﷺ practised polygyny, and he was also monogamous with Khadijah for 25 years. What is sunnah is marriage and being just. Polygyny itself remains permissible, not a requirement.

When a man is certain that he is unable to be just — because of his own weakness, or because of partiality that could cause harm. This is the position stated in the official JHEAINS leaflet.

When there is a genuine need: the husband cannot guard himself from zina with one wife, the wife is ill, or the wife is infertile while the husband wishes to have children.

When it is merely for pleasure while the husband doubts his ability to be just.

Adil pada perkara yang boleh dikawal: nafkah, tempat tinggal, giliran bermalam, layanan. Kecenderungan hati tidak dituntut — an-Nisa' 4:129 — tetapi ayat yang sama melarang membiarkan seorang isteri "terkatung-katung".

Tidak melebihi empat dalam satu masa — an-Nisa' 4:3.

No. Polyandry is haram in Islam. What is permitted is polygyny — one man, more than one wife.

A fabrication. There is no text for it in the Quran or the Hadith. The JHEAINS Enforcement Division specifically describes it as a false perspective.

Tidak. Diharamkan menghimpunkan dua beradik perempuan sebagai isteri (an-Nisa' 4:23), dan seorang wanita bersama ibu saudaranya (Sahih al-Bukhari 5109, Sahih Muslim 1408). Sepupu tidak termasuk dalam larangan ini.

Anak yatim. Aisyah r.a. menjelaskan ayat itu tentang anak yatim perempuan di bawah jagaan wali yang ingin mengahwininya tanpa mahar yang adil; wali itu disuruh berkahwin dengan wanita lain (Sahih al-Bukhari 4574, Sahih Muslim 3018). Keadilan kepada yang lemah — mana-mana bacaan yang melupakan konteks itu telah menterbalikkan ayat tersebut.

No text says so. It is permissible — and a permissibility bound by heavy conditions.

No. She has the right to object, but not the right to forbid something Allah has made lawful. Her objection is evidence that the court weighs.

Polygyny: one man, more than one wife. Polyandry: one woman, more than one husband. Polygamy is the umbrella term. In Malaysia, "polygamy" is used to mean polygyny.

No. It is a general reference. For a binding decision, consult a Syarie lawyer, the Islamic Religious Department, or the Syariah Court in your state.

Yes. In every state in Malaysia, the Syariah Court's permission is required before the akad (marriage contract). Marrying without it is an offence.

Di Malaysia: Mahkamah Tinggi Syariah (Arahan Amalan JKSM No. 14/2006) negeri anda — bukan pejabat agama. Sahkan di kaunter mahkamah negeri anda. Di negara lain, lihat Pilih negara.

(1) Patut atau perlu (Akta 303 s.23(4)(a)), (2) kemampuan kewangan, (3) keupayaan berlaku adil, (4) tiada darar syarie kepada isteri sedia ada. Kesemuanya mesti dipenuhi.

Circumstances that justify a second marriage — examples in the enactment include infertility, physical infirmity, or insanity on the part of the existing wife. This is the most strictly assessed condition.

Kemudaratan kepada isteri sedia ada dari segi agama, nyawa, tubuh badan, akal fikiran, maruah (akhlak), atau harta benda — seperti yang diiktiraf oleh Hukum Syarak (Akta 303, s.2).

Yes. She will be called to be heard. This is not a formality — her views carry great weight in the assessment.

Possibly. The court may call anyone connected with the application.

Bergantung pada beban kes mahkamah — lazimnya beberapa minggu hingga beberapa bulan. Tanya Mahkamah Tinggi Syariah negeri anda. Lebih satu pertiga permohonan ditolak pada 2019–2023 (The Straits Times, 20 Apr 2024) — lihat Statistik.

It varies by state. Consult the Syariah Court in your state; this site does not guess figures.

The decision can be appealed to the Syariah Court of Appeal within the prescribed period. Consult the court for the appeal procedure.

Yes, if circumstances have changed — for example, income has increased. The same application on the same facts usually receives the same decision.

The court may issue a maintenance order and other related orders in the same proceedings.

It is not compulsory, but it is advisable for applications expected to be contested. Many apply on their own.

It is not a requirement. But JKSM states that the court regards it as "a strong additional fact".

Itu satu kesalahan: RM1,000 atau 6 bulan di kebanyakan negeri (WP s.123; Selangor s.124) — Sarawak RM3,000 atau 2 tahun. Perkahwinan itu perlu disahkan mahkamah kemudian, dan bermula dengan satu rekod kesalahan.

The state court form, payslips, bank statements, EPF statement, list of debts, existing marriage certificate, identity cards of all parties, and the reasons for the application. See Procedure.

State form, identity card, marriage course certificate, HIV test, statutory declaration of single status, photographs, and an employer's letter if relevant.

Usually the existing course certificate is accepted, but some states have additional requirements. Check with the state religious office.

Yes, usually for both parties, just as for a first marriage.

Usually at the district Islamic Religious Office of the bride.

It varies by state. Ask the district religious office.

Two just Muslim men, of sound mind, adult, who personally hear the words of the akad.

A registrar or jurunikah accredited by the state. The wali (guardian) may conduct the akad himself with permission.

Immediately after the akad, by the jurunikah. The marriage certificate is issued after registration. Keep a copy.

Apply for a copy at the religious office that registered it. The registration number makes the search easier.

Yes, but they usually need a letter of permission from their respective authorities in addition to the court's permission.

Court permission → course/HIV/forms → marriage permission → akad → registration. See Guide.

You have the right to be called and heard in court, the right to object, and the right to claim a maintenance order. None of your rights lapse because of a second marriage. See Women's Rights.

You cannot forbid it, but your objection — especially regarding darar syarie (harm) and financial ability — is evidence that the court weighs.

Figures: household expenses, the children's needs, what is actually received each month. Evidence is stronger than feelings.

It should not. Your maintenance remains fully your right. If it decreases, it can be claimed.

Turns are divided equally. You cannot be made the "leftover time". After the new wife's seven or three initial nights, turn-taking must be just.

If it was without court permission, it is an offence that can be reported to the Islamic Religious Department. You can also claim nafkah (maintenance) and, if there is harm, apply for fasakh.

A lawful polygynous marriage is not in itself grounds for fasakh. But if it causes harm, neglect of maintenance, or breaches the taklik, you have grounds to make a claim.

Tidak. Harta yang diperoleh sepanjang perkahwinan anda kekal boleh dituntut. Perancangan pusaka — hibah, wasiat — menjadi lebih penting. Malah mahkamah yang meluluskan permohonan poligami boleh, atas permohonan anda, memerintahkan pembahagian harta sepencarian (Akta 303 s.23(9)(b); Selangor 2003 s.23(10)(b)); minta perkara ini dipertimbangkan semasa perbicaraan.

The standard taklik does not cover polygyny. Additional conditions may be considered depending on the state — consult the religious office.

The family counselling unit of the state JAIN, the Syariah Court sulh (mediation) officers — both free of charge. Talian Kasih 15999 for urgent cases. See Counselling.

Child maintenance remains the father's responsibility and does not decrease. Children of both wives are paternal half-siblings and heirs of one another.

Yes, if you wish. There is no obligation. Some wives choose to attend as a sign of consent; some do not.

Ask to see the court order. Not promises, not stories. If there is none, he has not been permitted.

Tidak. Ia tidak memintas undang-undang Malaysia dan hanya menangguhkan masalah — kepada anda dan anak anda. Lihat Nikah luar negara & pendaftaran.

The same as the first wife: mahar (dower), full maintenance, housing, equal turns, and registration. Plus the initial nights — seven if you have never been married, three if you have.

She can object in court and her objection is assessed. If the court grants permission, the marriage can go ahead.

It is not compulsory, but many find it reduces tension later. A marriage that begins in secrecy rarely ends in honesty.

Look at the real figures before the akad, make sure of registration, keep copies of all documents, and make sure maintenance is paid through a recorded channel.

Your rights are the same. The initial nights according to the sunnah are three, not seven. Your children from a previous marriage are their father's responsibility, not the new husband's, unless agreed.

Yes, through the taklik or an agreement recognised by the court — for example regarding housing or work. Discuss it with the religious office.

Asking for secrecy, suggesting marriage abroad, refusing to show finances, "register later", mentioning the "golden umbrella", pressing for a quick decision. See Women's Rights.

The marriage must be validated and registered through the court, with a penalty for him. Until it is registered, you are not a wife in the eyes of the law. Act promptly.

There is no such rule. The mahar is agreed between the parties, and it is your absolute right.

Yes — additional documents are required (passport, a letter confirming status from the embassy). Consult the state religious office.

Food, clothing, housing, medical care — real needs, according to the husband's means and local custom.

The right to marital intimacy between husband and wife. It is also part of the justice that is required.

No. The wife's income is her own. Maintenance remains the husband's obligation.

Equally between the wives — usually night by night or according to an agreed schedule. It is a right, not a matter of discretion.

Seven consecutive nights for a new wife who has never been married, three nights if she has — Sahih al-Bukhari 5213, Sahih Muslim 1461. After that, turns are equal.

Yes, willingly — just as Sawdah gave her turn to Aisyah. It is a gift, not an obligation.

Every wife is entitled to suitable and separate housing. Housing two wives in one home requires the consent of both.

Discussion → sulh (mediation) → a claim in the Syariah Court. Orders can be enforced, including by salary deduction. See Maintenance.

No. Each wife is entitled separately. That is what the financial ability condition means.

According to JKSM: maintenance and turn-taking. Discuss both in detail before the akad.

Yes, fully. Lineage, maintenance, education and faraid (inheritance) — the same. There are no "first household children" in the eyes of the Sharia.

The wives share one portion — 1/8 if there are children, 1/4 if there are none — equally between them. The number of wives does not increase the portion. See Inheritance.

1/16 each (1/8 divided by two).

A wasiat (will) in favour of an heir requires the consent of the other heirs. Hibah (gift) during one's lifetime is a clearer route.

A gift made during one's lifetime. It is not subject to faraid. A lawful way to ensure a household does not lose its home.

Priority goes to the mother for young children, subject to conditions, decided by the court based on the child's welfare.

Yes — paternal half-siblings are mahram.

With difficulty. The father's name may not be recorded until the marriage is validated. This is one of the biggest reasons to register a marriage.

Mengikut enakmen negeri, nafkah anak lazimnya sehingga umur 18 tahun, dan mahkamah boleh melanjutkannya bagi pengajian tinggi atau anak yang tidak upaya. Dari sudut fiqh, ulama menyatakan nafkah anak perempuan berterusan sehingga dia berkahwin. Rujuk enakmen negeri anda.

It depends entirely on how the adults handle it. Children who witness quarrels over turns and money carry that into their own marriages later.

It avoids nothing. The marriage must be validated and registered in Malaysia through the court, with a penalty for not obtaining permission beforehand.

Not under Malaysian law. A noble place does not replace court permission and registration.

Through an application for validation at the state Syariah Court, with the original marriage documents. Usually accompanied by a fine if there was no prior permission.

Anak tanpa dokumen, isteri tanpa perlindungan undang-undang, pertikaian pusaka. Lihat Nikah luar negara & pendaftaran.

Some embassies have marriage registration facilities. Court permission for polygyny is still required.

It is not too late, but every year worsens the position — especially for the children. Apply for validation now.

No. It requires additional documents and validation in Malaysia is still required.

There is no fixed figure. The court assesses the ability to support all dependants according to the circumstances. Use the calculator honestly.

New debt for a second marriage is a warning sign, not a solution. It shows an ability that is not there.

Adequate cover for all dependants, with clear nominees. Check whether the payout becomes part of the estate.

Bank transfers with a clear reference, separate accounts if necessary. Records protect all parties, including the husband.

Persaraan. Dua rumah tangga memerlukan dua kali simpanan persaraan. Lihat Kewangan dua rumah.

More. Two rents, two sets of bills, two emergencies, turn-taking and transport costs — on one income.

No. Matrimonial property (harta sepencarian) is the joint right of the first marriage. The second wife's mahar must come from the husband's own property.