⚖️ Polygyny: rulings & justice · #16

Is justice a condition for the validity of the marriage to a second wife?

No. Justice is a condition of permissibility and an obligation after marriage, not a pillar or condition of a valid marriage contract.
A second marriage contract is valid when its pillars are complete: bride and groom, wali, two witnesses and ijab and qabul, and it is free of impediments such as a fifth wife or joining two sisters. But a man who marries knowing he will act unjustly is sinful, and every injustice after that is also sinful and can be claimed against. In Malaysia, practising polygyny without the court's permission is an offence under state Islamic family law even if the marriage is valid under the Shariah. See Fiqh of polygyny and Polygyny in Malaysia.

Sources

Surah an-Nisa' 4:3Act 303, s.23Act 303, s.123

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Related questions

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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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