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🤝 Isteri sedia ada & bakal isteri · #16

My husband is unfair between his wives. Can I apply for judicial dissolution (fasakh)?

Yes — unfair treatment of a wife in a polygynous household can be a ground for applying for judicial dissolution (fasakh) in Malaysia. Islamic family law lists among the grounds for fasakh the situation of a husband who has more than one wife but does not treat a wife fairly in accordance with the Shariah. The wife must prove the unfairness, for example with records of the rotation, unpaid maintenance or markedly different treatment. Before reaching that stage, try sulh (mediation) or counselling first. The details of the grounds and the procedure may differ between states — refer to your state Enactment. See fasakh.

Sumber

Act 303, s.52Surah an-Nisa' 4:129Sunan Abu Dawud 2133 (sahih)
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Soalan berkaitan

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Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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