🏛️ Polygyny: the law · #9

Will the first wife be summoned to court during a polygyny application?

In most States, yes. Act 303 s.23, s.23 of ten State enactments and s.21 of the Sarawak Ordinance require the court to summon the applicant and the existing wife or wives to attend when the application is heard. The text of s.23 in Perlis names the applicant only, and s.22 in Terengganu does not mention this summons; court practice in those two States was not studied here. The purpose is to give the wife the chance to state her views, to agree or object, and to put forward information about maintenance and the state of the household. So polygamy through the lawful channel cannot in fact be kept secret from the existing wife. The wife may attend in person or be represented by a syarie lawyer. If you are a wife who has received a summons, read women’s rights and consider counselling.

Sources

Act 303, s.23

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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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