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🏛️ Polygyny: the law · #15

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 provided in Act 303 section 23 and equivalent state enactments, according to Syariah court procedure. The notice of appeal must be filed within the set period, which is usually short, so seek advice from a Syariah lawyer or the Legal Aid Bureau immediately. The wife may also apply for other related orders, such as maintenance for herself and the children. In some circumstances, jointly acquired matrimonial property (harta sepencarian) can also be applied for. At the same time, consider counselling sessions to protect your own wellbeing. See women's rights.

Sumber

Act 303, s.23State Syariah Court Civil Procedure Enactment
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Soalan berkaitan

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…If my polygyny application is rejected, can I appeal?Yes, the court's decision on a polygyny application can be appealed to a higher Syariah Court according to the procedure …What happens if the first wife does not attend the polygyny hearing?Usually the court can proceed with the hearing if the wife has been properly served with the summons but chooses to …Will the first wife be summoned to court during a polygyny application?Yes. State Enactments require the court to summon the applicant and the existing wife or wives to attend during the he…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 first wife claim jointly acquired matrimonial property (harta sepencarian) when her husband takes another wife?Yes. The court that grants permission for polygyny (or orders the marriage to be registered) may, on the application of any par…
Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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