🧭 Serantau & Timur Tengah · #20
Brunei: is the first wife's consent needed for polygyny?
The wife's consent is not an absolute condition in Brunei, but her views must be stated. The written declaration accompanying the application under s.23(2) Chapter 217 must state whether the consent or views of the existing wife have been obtained. The Syar'ie Judge then decides according to Hukum Syara' guided by the information in that declaration (s.23(3)). After marrying, a husband who fails to treat a wife justly according to Hukum Syara' may be fined up to $2,000, imprisoned for up to 6 months, or both (s.129). The wife may also claim her rights through the Syariah Court, including taʿliq divorce (s.45), judicial dissolution (fasakh) (s.46) or dissolution for harm recognised by Syariah law (darar syarie) (s.44). See Brunei.
Sumber
Islamic Family Law Act (Brunei), Chapter 217, s.23, s.44–46, s.129