Polygyny: the law

Yes, a man who already has a wife must first obtain the written permission of the Syariah Court before marrying again. This requirement is found in every state's Islamic family law Enactment; for the Federal Territories it is Act 303, section 23. The application is made to the Syariah Court (the level of court that hears it differs by state). Without permission, the marriage cannot be registered in the usual way and the husband may be charged with the offence of polygyny without permission. This rule does not forbid what Syariah permits; it is administration by the government to ensure justice and the protection of wives and children. The full steps are on the polygyny procedure page and the table of state laws.

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The court must be satisfied on several conditions set out in the state enactment. In the Federal Territories (Act 303, s.23), the court considers, among other things:
1. The proposed marriage is just or necessary (for example, the wife is infertile, physically infirm or unfit for conjugal relations);
2. The applicant is financially able to support all wives and dependants;
3. The applicant is able to give fair treatment to all wives;
4. The marriage will not cause harm recognised by Syariah law (darar syarie) to the existing wife;
5. It will not lower the standard of living of the existing wife and dependants.
The order and wording of the conditions may differ slightly by state, so check the table of state laws. See also conditions for polygyny.

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Usually you need to prepare the application form with a declaration, copies of identity cards, the existing marriage certificate, and proof of income and dependants. The exact list is set by the state court or religious affairs office, but it usually includes:
• copies of the identity cards of the applicant, the existing wife and the prospective wife;
• the marriage certificate of the existing marriage;
• a salary letter or payslips, bank statements or proof of business income;
• a list of dependants (children, parents) and financial commitments;
• details of the prospective wife and her wali;
• the grounds of the application and whether the existing wife consents.
Some states ask for additional documents such as a pre-marriage course certificate or a medical report. Contact your district Syariah Court counter first. Guide: polygyny procedure.

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Under Syariah law and Malaysian law, the first wife's consent is not a condition for the validity of a second marriage, but her views carry great weight. In the application, the husband must state whether the existing wife consents. The court will also summon the existing wife to attend and be heard. A well-founded objection, for example evidence that the husband cannot afford it or will cause harm (darar), can lead to the application being rejected. Conversely, the wife's consent does not guarantee approval, because the court still assesses the husband's means and justice. Being frank with your wife from the start is required etiquette and reduces conflict. Read women's rights and polygyny procedure.

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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. Other states have equivalent provisions, but section numbers and penalties may differ, so check your state's enactment. 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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Marrying in Thailand does not release you from Malaysian law. Muslim Malaysian citizens remain subject to the Enactment of the state where they are domiciled. If you already have a wife and marry in Thailand without Syariah Court permission, you may be charged with the offence of polygyny without permission when you apply to register that marriage in Malaysia (for example Act 303, s.123: a fine of up to RM1,000 or imprisonment of up to six months or both). Border marriages also carry risks of syndicates, invalid wali and forged documents, which can cast doubt on the validity of the marriage. We do not encourage this route. Follow the polygyny procedure and read the Thailand page.

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A marriage abroad must be registered in Malaysia through your state's religious affairs office or Syariah Court. In general the steps are:
1. Obtain the marriage certificate from the relevant provincial Islamic Council in Thailand.
2. Have the certificate verified at the Consulate General of Malaysia in Songkhla (or the relevant Malaysian mission).
3. Take the documents to the state Islamic Religious Department to apply for registration.
4. If issues arise (polygyny without permission, wali, witnesses), you will be referred to the Syariah Court for validation of the marriage, and possibly prosecution.
State enactments usually set a period for registration (commonly six months); late registration can be an offence. Check the state-by-state guide and marriage abroad.

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Permohonan poligami difailkan di Mahkamah Syariah negeri tempat anda bermastautin. Peringkat mahkamah yang mendengar permohonan (Mahkamah Rendah Syariah atau Mahkamah Tinggi Syariah) berbeza mengikut negeri dan ditentukan oleh enakmen serta bidang kuasa negeri itu, jadi jangan menganggap ia sama di semua tempat. Cara paling mudah ialah bertanya di kaunter Mahkamah Syariah daerah atau pejabat agama Islam daerah anda. Mereka akan memaklumkan borang, fi dan mahkamah yang betul. Jika bakal isteri tinggal di negeri lain, tanya juga keperluan tambahan di negeri itu. Lihat panduan mengikut negeri untuk ringkasan setiap negeri.

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Yes. State enactments require the court to summon the applicant and the existing wife or wives to attend when the application is heard. In the Federal Territories this is found in Act 303, section 23. The purpose is to give the wife the opportunity to state her views, agree or object, and present information about maintenance and the state of the household. So polygyny through lawful channels cannot be kept secret from the existing wife. The wife may attend in person or be represented by a Syariah lawyer. If you are the wife receiving the summons, read women's rights and consider counselling services.

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Usually the court may proceed with the hearing if the wife has been properly served with the summons but chooses not to attend. The actual procedure depends on the judge's decision and the state court rules. The judge may adjourn the case and order the summons to be served again if service is in doubt. If proof of service is complete, the court may assess the application on the basis of the applicant's evidence and documents. The wife's absence does not mean she consents; the court must still be satisfied on all conditions such as ability and justice. A wife who cannot attend for a reasonable cause should inform the court or appoint a Syariah lawyer. See polygyny procedure.

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There is no fixed period; it can take from a few weeks to a few months. The time depends on the court's schedule in your state, the completeness of the documents, how smoothly the summons is served on the existing wife, and whether the wife objects. Cases agreed by all parties with complete documents are usually quicker. Contested cases may require several mentions and hearings. After approval, you must still apply for permission to marry at the religious affairs office and set the date of the akad. Prepare the documents carefully and check with the court counter early to avoid delays. Refer to polygyny procedure.

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Fi mahkamah untuk memfailkan permohonan biasanya kecil, tetapi jumlah kos keseluruhan bergantung pada sama ada anda melantik peguam syarie. Fi pemfailan dan dokumen ditetapkan dalam kaedah fi mahkamah negeri, jadi semak di kaunter Mahkamah Syariah. Jika anda melantik peguam syarie, yuran guaman adalah berasingan dan berbeza mengikut kerumitan kes, contohnya jika isteri membantah. Selain itu, ambil kira kos akad, mahar, walimah dan yang paling penting, nafkah berterusan untuk dua rumah tangga. Mahkamah akan menilai kemampuan kewangan anda, jadi buat bajet realistik dahulu menggunakan kalkulator dan kewangan dua rumah.

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It is not compulsory; applicants may file the application themselves. Many applicants handle the application without a lawyer, especially if the documents are complete and the existing wife agrees. The Syariah Court counter or the Legal Aid Bureau (for those eligible) can give basic guidance. However, a Syariah lawyer is useful if the case is expected to be contested, involves jointly acquired matrimonial property and maintenance, a marriage abroad that needs confirming, or you are unsure how to prepare financial evidence. The existing wife also has the right to appoint a Syariah lawyer to represent her. Make sure the lawyer is registered with the state Islamic Religious Council. See polygyny procedure.

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Yes, the court's decision on a polygyny application may be appealed to a higher Syariah Court following the state appeal procedure. Act 303 section 23 and the equivalent Enactments provide a right of appeal for a dissatisfied party. The notice of appeal must be filed within the period set by the state civil procedure rules, so act quickly. Before appealing, read the grounds of judgment: if it was rejected because of insufficient finances or weak evidence of justice, it may be better to reassess that decision honestly and fulfil the rights of the existing family first, before considering a fresh application. Do not marry abroad after an application is rejected; that is still an offence. Consult a Syariah lawyer and see polygyny procedure.

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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.

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No minimum salary figure is set in law. The court assesses your means as a whole: net income, debts and commitments, the number of dependants, the cost of living where each wife lives, and whether the new marriage would lower the standard of living of the existing wife and children. A salary that looks high may be considered insufficient if loan commitments are large or dependants are many. Prepare income statements, a list of expenses and a proposed monthly maintenance for each household. Use the calculator and two-household finances for an early estimate before applying.

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Ia bermaksud mahkamah mesti berpuas hati bahawa perkahwinan yang dicadangkan itu mempunyai sebab yang munasabah. Akta 303 seksyen 23 memberi contoh keadaan seperti isteri mandul, keuzuran jasmani, tidak layak dari segi persetubuhan, sengaja enggan mematuhi perintah pemulihan hak persetubuhan, atau gila. Senarai ini bukan satu-satunya sebab; hakim boleh menerima alasan lain yang munasabah. Mahkamah tetap menilai syarat lain seperti kewangan dan keadilan. Akta 303 s.23(4)(a) menggunakan "patut atau perlu" (sebelum pindaan Akta A1261: "patut dan perlu"); perkataan dalam enakmen negeri boleh berbeza, jadi semak jadual undang-undang negeri. Lihat juga syarat poligami.

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Darar syarie ialah bahaya atau kemudaratan yang diiktiraf syarak terhadap agama, nyawa, tubuh badan, akal, maruah atau harta isteri. Dalam permohonan poligami, mahkamah perlu berpuas hati bahawa perkahwinan baru tidak akan menyebabkan darar syarie kepada isteri sedia ada. Contoh yang dikemukakan dalam kes termasuk sejarah keganasan, pengabaian nafkah, atau tekanan kewangan yang jelas akan menjejaskan isteri dan anak. Isteri yang membantah boleh mengemukakan bukti seperti laporan polis, rekod perubatan atau tunggakan nafkah. Definisi darar syarie terdapat dalam tafsiran enakmen negeri. Baca hak wanita dan istilah.

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No. Polygyny applications are usually heard in chambers (in camera), that is, in private and not in open court. This protects the dignity and privacy of the couple, especially the existing wife. Act 303 section 23 sets such a hearing for the Federal Territories, and most state Enactments have similar provisions. Those present are usually the judge, the applicant, the existing wife and lawyers (if any). The prospective wife or her wali may be called if the judge needs information. Be ready to answer questions about income, rotation plans and housing honestly. See polygyny procedure.

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The judge usually asks about reasons, finances, justice and household plans. Common questions include:
• Why do you wish to marry again?
• What is your net income and what are your monthly commitments?
• How much maintenance is proposed for each wife and child?
• Where will each wife live?
• How will the rotation of nights be arranged?
• Does the existing wife know, and what is her position?
The existing wife will also be asked for her views. The actual questions depend on the judge and the facts of the case. Answer honestly and bring supporting documents. See maintenance and polygyny procedure.

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The application must be accompanied by a declaration setting out important information about yourself and your dependants. In the Federal Territories, Act 303 section 23 requires the declaration to contain, among other things:
• the grounds on which the proposed marriage is just or necessary;
• the applicant's present income;
• particulars of financial commitments and obligations;
• the number of dependants, including those who will become dependants after the marriage;
• whether the consent or views of the existing wife have been obtained.
False information can harm the application and may be an offence. The form's format varies by state, so obtain the official form from the court. See polygyny procedure.

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An application for polygyny permission is usually made at the Syariah Court of the state where the husband resides. The prospective wife, for her part, must follow the procedure for permission to marry in the state where she resides. In practice, a cross-state marriage involves two religious affairs offices: the man's office issues permission or confirmation, while the woman's office handles the akad and registration. Both will ask for a copy of the polygyny permission order. Exact requirements vary between states, so contact both district religious affairs offices before setting the date of the akad. See the state-by-state guide.

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You need polygyny permission from the Syariah Court and must meet additional requirements for marrying a foreign national. The religious affairs office usually asks for additional documents such as a passport, a letter from the prospective wife's embassy confirming she is single or divorced, and the wali's permission (or the wali hakim procedure if the wali is not in Malaysia). Some states also require support or a report from certain bodies. The spouse's immigration status (visit pass, spouse pass) is handled separately with the Immigration Department. Do not marry abroad to avoid the procedure, because it is still an offence. Consult your state religious affairs office, the state-by-state guide and cross-border marriage.

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Under Syariah, the marriage may be valid if all its pillars and conditions are met (wali, two witnesses, offer and acceptance, an eligible couple). Under Malaysian law, however, it is an offence and cannot be registered in the usual way. Act 303 section 23 provides that a marriage without permission is not registered unless the court is satisfied it is valid under Syariah law and orders its registration. The applicant is also liable to prosecution under section 123. Problems arise if the wali or officiant is not valid, as in some syndicate marriages; such a marriage may be invalid. The court will decide in the confirmation process. See secret polygyny.

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If the marriage is valid under Syariah, children born of it are legitimate and their lineage is traced to their father. The offence of not obtaining court permission does not make the child illegitimate. However, without registration of the marriage in Malaysia, matters such as birth registration, the father's name, schooling and inheritance can become complicated. The couple should therefore promptly apply for confirmation and registration of the marriage in the Syariah Court. If the validity of the marriage is in doubt (for example a fake wali), the lineage status must be decided by the court. Do not delay, for the sake of the child's rights. Read the child's lineage.

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The risks are great: the marriage may be invalid, the documents may be forged, and you can still be prosecuted in Malaysia. Among the problems often reported by religious authorities:
• unaccredited officiants or 'wali hakim', when a wali by lineage exists and has not refused;
• hired witnesses who do not meet the conditions;
• forged marriage certificates not registered with the provincial Islamic Council;
• high charges with no receipt.
As a result, registration is refused, the status of the marriage and the children's lineage are called into question, and the couple must go back and forth to court. Islam requires a marriage that is clear and publicly announced. Follow the lawful procedure: polygyny procedure and syndicate marriages.

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The safest way is through the Consulate General of Malaysia in Songkhla and your state religious affairs office. A genuine certificate is issued by a legitimate Provincial Islamic Council in Thailand. Endorsement by a Malaysian mission is the usual step before registration in Malaysia. Religious affairs officers can tell you if certificates from a particular source have had problems before. Warning signs include an agent who refuses to give the officiant's details, no record at the religious council, or a contract without a valid wali. If in doubt, do not proceed and get advice from the religious affairs office first. See Thailand.

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Most state enactments require a marriage abroad to be registered within six months of the contract. Registration can be done at the Malaysian mission in that country or at the state religious affairs office after returning. Failure to register within that period can be an offence under the state enactment, and late registration usually requires a Syariah Court order. If the marriage is also polygynous without permission, you will face a confirmation process and possible prosecution. The exact period and procedure differ by state, so consult your state enactment and marriage abroad.

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It is the process by which the court decides whether an unregistered marriage is valid under Syariah law, and then orders its registration. Typical cases include marriages abroad, marriages without polygyny permission, or marriages not registered for other reasons. The court will examine evidence of the wali, the officiant, the witnesses, the offer and acceptance, and the mahr. Witnesses or supporting documents may need to be produced. If found valid, a registration order is issued; if invalid, the couple must be separated and may need to renew the contract with the correct procedure. Related offences (for example polygyny without permission) are dealt with separately. See polygyny procedure.

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The wife has several legal options and need not stay silent. Among them:
• complaining to the Enforcement Division of the state Islamic Religious Department about the offence of polygyny without permission;
• applying for a maintenance order for herself and the children if maintenance is neglected;
• claiming her right to her turn and to fair treatment;
• applying for judicial dissolution (fasakh) or taʿliq divorce if there is harm recognised by Syariah law (darar syarie) or a taʿliq condition has been breached;
• in certain circumstances, claiming jointly acquired matrimonial property (harta sepencarian).
The right option depends on the facts of the case, so seek advice from a Syariah lawyer or the Legal Aid Bureau. Read secret polygyny and talaq & divorce.

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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.

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Yes. State Enactments usually allow the court, during or after hearing a polygyny application, to make a maintenance order for the existing wife and children on the application of the party concerned. Check the exact provision in your state Enactment. Such an order gives certainty that the existing family's standard of living is not affected. A wife who receives a hearing summons can prepare a list of monthly expenses and proof of the children's needs. A court order can be enforced if the husband defaults. Read maintenance and women's rights.

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Complaints are made to the Enforcement Division of the state Islamic Religious Department where the husband resides. Bring whatever information you have, such as the husband's name and identity card, details of the new wife (if known), the place and date of the marriage, and supporting documents such as a photo of the marriage certificate. Enforcement officers will investigate and, if there are grounds, the case is referred to the Syariah Prosecutor. The penalty in the Federal Territories under Act 303 section 123 is a fine of up to RM1,000 or imprisonment of up to six months or both. Besides complaining, the wife may also apply for maintenance or other rights in court. Seek counselling support.

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Ia bergantung pada negeri. Sesetengah Mahkamah Syariah telah menyediakan pemfailan elektronik melalui sistem e-Syariah atau portal negeri. Ada juga yang masih memerlukan pemfailan di kaunter. Walaupun permohonan boleh dimulakan secara dalam talian, anda dan isteri sedia ada tetap perlu hadir pendengaran, sama ada secara fizikal atau dalam talian jika dibenarkan mahkamah. Dokumen asal mungkin perlu ditunjukkan. Semak laman web Jabatan Kehakiman Syariah negeri anda atau hubungi talian mahkamah untuk kaedah semasa. Lihat prosedur poligami dan panduan mengikut negeri.

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Circumstances such as a wife's infertility or physical infirmity are cited as examples of 'just or necessary' grounds in Act 303 section 23 and equivalent enactments. But these grounds alone are not enough. The court still assesses financial ability, the capacity to be just, the potential for harm recognised by Syariah law (darar syarie), and the effect on the living standard of the existing family. Medical evidence may be requested, and the wife's views will be heard. A wife who is ill is also entitled to continue receiving maintenance, care and a fair turn after her husband marries again. Responsibility towards her does not lapse. Read conditions for polygyny and maintenance.

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In Indonesia, a husband must obtain the permission of the Religious Court (Pengadilan Agama) before taking more than one wife. Law Number 1 of 1974, Articles 3 to 5, sets out the basis:
• grounds such as the wife being unable to carry out her duties, having a physical disability or an illness that is hard to cure, or being unable to bear children;
• the wife's consent;
• assurance that the husband can meet the needs of his wives and children;
• a guarantee that the husband will be just.
The Kompilasi Hukum Islam (KHI), Articles 55 to 59, sets this out in detail, including the limit of four wives and the Court's ability to grant permission in certain circumstances. See Indonesia.

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In Singapore, a Muslim man who wishes to marry again must apply to the Registrar of Muslim Marriages (ROMM). The relevant provision is in the Administration of Muslim Law Act (AMLA), section 96. A Kadi may not solemnise the marriage without this approval. The Registrar will assess the application, including financial means, the reasons for the marriage and the views of the existing wife, who is usually called for an interview. Approval is not automatic. A dissatisfied applicant may appeal under the AMLA procedure. Check the official ROMM website for the latest requirements, and see Singapore.

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Yes, polygyny in Brunei is regulated by the country's Islamic family law. The main law is the Emergency (Islamic Family Law) Order 1999, which governs marriage procedure, including the marriage of a man who already has a wife. Applicants must go through the Syariah Court or Brunei's religious authorities and meet the set conditions. We do not list section details here because the procedure and amendments can change. Bruneian citizens or residents, including Malaysians who wish to marry there, should consult Brunei's State Judiciary Department or Syariah Affairs Department for current requirements. Malaysians remain subject to their own state Enactment. See Brunei.

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Not lawfully. In most Western countries, marrying while still bound by another marriage is the criminal offence of bigamy, and the second marriage is not recognised by law. For example, in England and Wales it is an offence under the Offences Against the Person Act 1861, section 57; in Australia under the Marriage Act 1961, section 94; in the United States it is an offence in every state. A religious-only second marriage still gives the second wife no civil rights such as inheritance, civil maintenance or spousal status for a visa. Minority Muslims must obey local law and weigh the harm to women and children. See Muslim minorities in the West.

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A religious second marriage does not change the legal reality: it is not recognised as a civil marriage. If it is conducted as a purportedly valid marriage, it can raise issues of bigamy. A second wife in this situation has no civil protection as a wife, including on divorce, division of property, intestate inheritance and immigration status. Many mosques in the West now refuse to conduct the contract for men who are already married for this reason. The duty to be just and not to wrong women requires us to weigh this harm seriously. Get advice from a local lawyer and see Muslim minorities in the West.

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Yes. Muslim Malaysians domiciled in a state remain subject to that state's Enactment even while abroad. If you already have a wife and wish to marry again, obtain the permission of your state Syariah Court first. A marriage abroad must be registered through a Malaysian mission or the state religious affairs office, usually within six months. A marriage without permission can lead to prosecution when it is registered. In addition, comply with the law of the country where you marry; in some countries polygyny is banned outright. See marriage abroad and polygyny procedure.

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They are two different steps. Polygyny permission is an order of the Syariah Court allowing a married man to marry again. Permission to marry is administrative approval by the Registrar of Marriage, Divorce and Reconciliation at the religious affairs office, which is needed for every marriage. For polygyny, you usually need to obtain the court order first, then take it to the religious affairs office with the marriage application form and other documents. Only then are the date of the akad and the officiant set. The sequence and form names may differ by state. See polygyny procedure and the state-by-state guide.

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Yes, every time a married man wishes to marry again, he must apply for fresh Syariah Court permission. Permission for a second wife does not cover later marriages. For an application for a third or fourth wife, all the existing wives will be summoned. The court will reassess financial means and justice, taking all existing households into account. As a rule, the more dependants there are, the heavier the burden of proof. The maximum is four wives at one time; a fifth marriage is invalid while four wives are still married to him or in the ʿiddah of a revocable talaq (raj'i). See fiqh of polygyny and polygyny procedure.

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Through lawful channels, no, because the court will summon the existing wife to attend the hearing of the application. The only way to keep it secret is to marry without permission, which is an offence under the state Enactment (for example Act 303, s.123). It also leaves the second wife and children without clear documents. Morally, hiding a marriage often leads to neglect of the rotation and maintenance, and to greater conflict when it comes to light. Islam encourages announcing a marriage and demands justice. Discuss honestly, and get counselling help if needed. See secret polygyny.

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Yes. The existing wife's consent does not replace the permission of the Syariah Court. The law requires the court's written permission beforehand in every polygyny case (for example Act 303, s.23). However, a wife's consent given honestly and voluntarily usually makes the process smoother. The court will still summon the wife to confirm that her consent is voluntary. The judge must also be satisfied with your financial ability and justice. A written letter of consent may be attached, but be prepared with complete financial documents as well. See polygyny procedure.

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Yes, the court has discretion to make ancillary orders along with the approval. For example, a monthly maintenance order for the existing wife and children, or division of harta sepencarian if requested (Act 303 s.23(9)(b); Selangor Enactment 2003 s.23(10)(b)). These orders are binding and can be enforced if the husband defaults. Besides court orders, the spouses may agree on matters such as accommodation and the rotation arrangement, but the effect depends on the form of that agreement. The existing wife should state her needs at the hearing. See maintenance and polygyny procedure.

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Tiada tempoh menunggu tetap dalam undang-undang. Namun permohonan baharu yang sama tanpa perubahan fakta kemungkinan besar akan ditolak lagi. Mula dengan meneliti alasan penolakan, dan nilai semula dengan jujur sama ada poligami sesuai untuk keluarga anda. Jika masalahnya kewangan, perbaiki pendapatan atau kurangkan komitmen hutang. Jika isunya keadilan atau darar, tunaikan hak nafkah dan perbaiki hubungan dengan isteri sedia ada — ia kewajipan sedia ada, sama ada anda memohon semula atau tidak. Anda juga boleh memilih untuk merayu dalam tempoh rayuan, tetapi anda perlu memilih antara merayu dan memohon semula; nasihat peguam syarie membantu. Sementara itu, jangan bernikah di luar negara kerana ia tetap satu kesalahan. Lihat prosedur poligami.

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The text of state Islamic family law can be found through official state government websites, the state Syariah Judiciary Department, or the e-Syariah portal. For the Federal Territories, refer to the Islamic Family Law (Federal Territories) Act 1984 (Act 303), especially section 23 (polygyny) and section 123 (polygyny without permission). Each state has its own enactment, with section numbers that may differ; for example Selangor uses section 124 for the offence of polygyny without permission. Make sure you read the latest version after amendments. For a summary, see the table of state laws and polygyny procedure.

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Kebenaran mahkamah tidak mengharamkan apa yang halal; ia satu pentadbiran pemerintah untuk memastikan syarat keadilan dalam al-Quran benar-benar dipenuhi. Allah menyatakan, jika takut tidak dapat berlaku adil, maka seorang sahaja (an-Nisa' 4:3). Mahkamah berperanan menapis permohonan yang jelas akan membawa kezaliman, seperti suami yang tidak mampu menyara keluarga sedia ada. Para ulama menerima bahawa pemerintah boleh menetapkan peraturan demi maslahah, selagi tidak mengharamkan yang halal, dan rakyat diminta mentaati ulil amri dalam perkara makruf (an-Nisa' 4:59). Pendaftaran juga melindungi hak isteri dan anak. Lihat poligami di Malaysia.

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The principle is much the same, but the details differ. Every state requires Syariah Court permission before a married man marries again. However, differences exist in the level of court that hears the application, the forms and documents required, fees, the filing method (counter or online), section numbers, and the penalties for the offence of polygyny without permission. The court's power to order maintenance and division of jointly acquired matrimonial property when approving polygyny is found in Act 303 s.23(9) and the state Enactments (for example Selangor 2003 s.23(10)), but section numbers can differ. That is why you should always consult your state's Enactment and religious affairs office. A summary is available in the table of state laws.

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