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🏛️ Polygyny: the law · #31

Can the first wife claim jointly acquired matrimonial property (harta sepencarian) when her husband takes another wife?

Yes. The court that grants polygyny permission (or orders the marriage to be registered) may, on the application of any party, order the division of assets acquired jointly during the marriage (Act 303 s.23(9)(b) in the Federal Territories; Selangor Enactment 2003 s.23(10)(b)). The aim is to protect the first wife's contribution before there is a new wife. Section numbers and wording may differ in other states' enactments, so check your state's enactment or ask a Syariah lawyer. Jointly acquired matrimonial property (harta sepencarian) can also be claimed on divorce (Act 303 s.122) or death. Gather evidence of direct and indirect contributions, such as instalment payments and caring for the home and children. See women's rights and the state-by-state guide.

Sumber

Act 303, s.23(9)(b)Act 303, s.122Islamic Family Law (State of Selangor) Enactment 2003, s.23(10)(b)State Islamic Family Law Enactment
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Soalan berkaitan

Can I practise polygyny without telling my first wife?Through the lawful channel, no , because the court will summon the existing wife to attend the hearing of the applicat…Can the first wife appeal if the court approves her husband's polygyny?Yes, the existing wife is an interested party and can usually appeal against the decision. The right of appeal is provi…Does a husband need his first wife's permission to practise polygyny?Under Islamic law and Malaysian law, the first wife's consent is not a condition for the validity of the second marriage, but the vi…What can the first wife do if her husband marries again without permission?A wife has several legal options and need not stay silent. Among them: • lodging a complaint with the Division…Can the court order maintenance (nafkah) for the first wife when approving polygyny?Yes. State Enactments usually allow the court, during or after hearing a polygyny application, to make an order for main…Where can I report a husband who practises polygyny without permission?A complaint is made to the Enforcement Division of the State Islamic Religious Department where the husband resides. Bring whatever information…
Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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