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🏛️ Polygyny: the law · #5

What is the penalty for practising polygyny without the court's permission?

It is a Syariah criminal offence. In the Federal Territories, Act 303 section 123 provides for a fine not exceeding RM1,000 or imprisonment not exceeding six months or both. In Selangor, a similar provision is found in the Islamic Family Law (State of Selangor) Enactment 2003, section 124. Ten other states provide the same penalty under s.124 of their own enactments; Terengganu (s.126) sets a fine of up to RM2,000 or imprisonment of up to one year, and Sarawak (s.127) a fine of up to RM3,000 or imprisonment of up to two years. Besides the penalty, the marriage must go through a validation and registration process in court, which takes time and money. The wife and children may also be affected in terms of documents. The safer path is to apply for permission first: polygyny procedure.

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Related questions

Is a polygynous marriage without the court's permission valid?In terms of the Shariah, the marriage can be valid if all its pillars and conditions are met (wali, two witnesses, offer and acceptance, a cou…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…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…Do I need the court's permission to marry again in Malaysia?Yes, a man who already has a wife must first obtain the written permission of the Syariah Court before marrying ag…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…What is the status of children from a polygynous marriage without permission?If the marriage is valid under the Shariah, the children born of it are legitimate and their lineage is traced to their father. The offen…
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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