🏛️ Polygyny: the law · #30

What can the first wife do if her husband marries another without permission?

The wife has several legal options and need not stay silent. Among them:
• complaining to the Enforcement Division of the state Islamic Religious Department about the offence of polygyny without permission;
• applying for a maintenance order for herself and the children if maintenance is neglected;
• claiming her right to her turn and to fair treatment;
• applying for judicial dissolution (fasakh) or taʿliq divorce if there is harm recognised by Syariah law (darar syarie) or a taʿliq condition has been breached;
• in certain circumstances, claiming jointly acquired matrimonial property (harta sepencarian).
The right option depends on the facts of the case, so seek advice from a Syarie lawyer or the Legal Aid Bureau. Read secret polygyny and talaq & divorce.

Sources

Act 303, s.123Act 303, s.52State Islamic Family Law Enactments

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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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