💍 Khitbah & engagement · #32
May a married man get engaged to a prospective second wife before obtaining court permission?
An engagement itself is not wrong, but a polygynous marriage contract may not be made before the court's written permission is obtained.
A proposal (khitbah) is only a promise, so it does not need the court's permission. But in Malaysia, a polygyny application is made to the Syariah Court under s.23 of Act 303 or the state Enactment, and the court assesses means, fairness and necessity; the application may be rejected. So an engagement should be made with the shared understanding that the date of the contract depends on the court's decision, and the woman's side should be told of the risk. Marrying without permission, including abroad, is an offence under state law. See polygyny in Malaysia.
A proposal (khitbah) is only a promise, so it does not need the court's permission. But in Malaysia, a polygyny application is made to the Syariah Court under s.23 of Act 303 or the state Enactment, and the court assesses means, fairness and necessity; the application may be rejected. So an engagement should be made with the shared understanding that the date of the contract depends on the court's decision, and the woman's side should be told of the risk. Marrying without permission, including abroad, is an offence under state law. See polygyny in Malaysia.