MYPolygyny

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Regional & Middle East

Indonesia, Singapore, Brunei, the Philippines, Thailand, Saudi Arabia, the Gulf. Arranged by the most frequently asked questions.

🧭 Preparation & choosing a spouse💍 Proposal & engagement📜 The marriage contract🏡 Rights & responsibilities⚖️ Polygyny: rulings & justice🏛️ Polygyny: the law🤝 Existing & prospective wives🕊️ Conflict & resolution🚪 Divorce, ʿiddah & reconciliation🌍 Children, inheritance & global🧭 Regional & Middle East
1Can Malaysians practise polygyny in Indonesia?
The contract may be held there, but Malaysian Syariah Court permission is still required, and Indonesia itself requires the permission of the Pengadilan Agama (Religious Court). Malaysians who marry in Indonesia are subject to two systems at once: Indonesian law for the contract there, and the state Islamic family Enactment for recognition in Malaysia. In Malaysia, a married man must obtain the written permission of the Syariah Court before marrying again (Act 303 s.23 for the Federal Territories; equivalent state Enactments), and this requirement applies even if the contract is made abroad. In Indonesia, the Registrar is forbidden to record a second marriage without the court's permission (PP 9/1975 Article 44). The KUA usually asks for a status certificate from the home country through the Embassy of Malaysia in Jakarta or a consulate. The safe order: court permission first, then the contract, then registration. See Indonesia.
Act 303, s.23UU No. 1 of 1974, Article 3–5PP No. 9 of 1975, Article 40–45

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2Is a marriage in Thailand valid in Malaysia?
It can be recognised and registered in Malaysia if the contract is valid under Syariah law and the registration procedure is followed, but a Thai certificate alone is not enough. The religious marriage certificate from the Provincial Islamic Committee is only proof of the contract, not Malaysian permission for polygyny. The certificate is usually endorsed at the Consulate General of Malaysia in Songkhla (or the Embassy in Bangkok), then registered at the Islamic religious affairs office of the state of residence within six months (Act 303 s.31; equivalent state Enactments). The religious affairs office or Syariah Court will check the wali, the witnesses, the accredited officiant and the status of the parties. If the wali is in doubt, the court may refuse to confirm the contract and the couple may need to renew the contract. If it is polygyny without permission, the husband is usually charged and fined first. See Thailand and recognition of marriages abroad.
Act 303, s.23, s.31, s.123Sunan Abu Dawud 2085 (sahih)Jami' at-Tirmidhi 1101 (sahih)

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3Is court permission needed for polygyny in Saudi Arabia?
No. Saudi law does not require court permission and does not require the existing wife's consent to marry again, with a limit of four wives. The Personal Status Law 2022 (Royal Decree M/73, based on Hanbali fiqh) requires every akad, including a second marriage, to be registered like an ordinary akad (Article 8); no special polygyny form has been identified (to be verified). The husband must be just in the rotation and maintenance, but that justice is not examined before marriage; the wife can only claim it by complaining to the court. The wife's main protections are conditions in the akad and judicial dissolution (fasakh) for harm. However, for a Malaysian man, marrying again in Saudi Arabia without the permission of the Syariah Court is still an offence in Malaysia. See Saudi Arabia.
Surah an-Nisa' 4:3Saudi Personal Status Law 2022 (Royal Decree M/73), Article 8Act 303, s.123

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4My wife is Indonesian — how do I register the marriage in Malaysia?
If the akad was in Indonesia, register it again at the state Islamic religious affairs office or the Malaysian mission within the period set by the enactment (to be verified with the state religious affairs office). The steps: obtain the official marriage book from the KUA, not merely a letter from the imam; verify the documents and have them translated if requested; then attend the district Islamic religious affairs office, which will check the wali, witnesses and status. If there is doubt, the case is referred to the Syariah Court for validation of the marriage. If the akad is in Malaysia instead, the foreign spouse needs status documents and the wali's permission from her country. Once registered, the wife may apply for a Long-Term Social Visit Pass (Spouse) through the Immigration Department (current conditions to be verified) — a Malaysian marriage certificate is required. If the husband is already married, polygyny permission must be obtained first. See cross-border marriage.
Act 303, s.23UU No. 1 of 1974, Article 2

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5Singapore: what is ROMM's role in marriage and polygyny?
ROMM (Registry of Muslim Marriages) is Singapore's registry of Muslim marriages, which administers the Kadis and Naib Kadis and receives polygyny applications. Under AMLA s.96(3) and rule 5 of the Muslim Marriage and Divorce Rules, a man who is still married may not be married to a new wife unless the Kadi has made an inquiry and is satisfied that there is no impediment under Syariah and the law. The husband submits an application to ROMM with financial documents and information about the existing wife. The Kadi may summon the applicant, the prospective wife and her wali, and the existing wife, and weighs the wife's views, financial means and the reasons for marrying again. As a result, polygyny was only 0.18% of Muslim marriages in 2020. See Singapore.
Administration of Muslim Law Act 1966 (Singapore), s.96(3)Muslim Marriage and Divorce Rules (Singapore), r.5CEDAW/C/SGP/6 (2021), paragraph 223

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6Brunei: what is the penalty for polygyny without permission?
In Brunei, marrying again without permission is an offence under s.123 Chapter 217: a fine of up to $2,000, imprisonment of up to 6 months, or both. Section 23(1) forbids a man from marrying another woman "in any place" while his marriage subsists except with the written permission of a Syar'ie Judge. If he marries without permission, the marriage may only be registered subject to s.123, that is, after action for the offence. Chapter 217 also makes a husband's failure to treat a wife justly according to Hukum Syara' an offence (s.129), and a false declaration to the Registrar is also an offence (s.126), each with the same maximum penalty. Marrying abroad to avoid the court process does not help. See Brunei.
Islamic Family Law Act (Brunei), Chapter 217, s.23, s.123, s.126, s.129

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7Philippines: does PD 1083 permit polygyny?
Yes, but only as an exception in "exceptional cases" and if the husband is able to be just. Art. 27 of the Code of Muslim Personal Laws (PD 1083) states that a Muslim man may have up to four wives at one time, but may not have more than one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law. The Supreme Court in Malaki v. People (2021) read it as: the general rule is that a married man may not marry again. The procedure under Art. 162: written notice to the Clerk of the Shari'a Circuit Court, a copy to the existing wife, and an Agama Arbitration Council if the wife objects. The Code does not explain what "exceptional cases" means. See Philippines.
Surah an-Nisa' 4:3PD 1083 (Philippines), Art. 27, 161–162Malaki v. People, G.R. No. 221075 (2021)

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8UAE: must the husband inform his first wife before marrying again?
As far as a review of the English text of law 2024 goes, there is no provision requiring the existing wife to be informed of a new marriage (to be verified). The UAE also does not require court permission. The law that applies to Muslims is Federal Decree-Law No. 41/2024 on Personal Status, in force from 15 April 2025. It sets a limit of four wives (article 32(4)) and requires the husband to be fair in treatment, rotation and maintenance (article 49(6)). The wife's main protection is conditions in the contract (article 33): if a valid condition is breached, for example a condition that the husband will not marry again, she can apply to dissolve the contract within one year of learning of it. The condition must be written into the contract or acknowledged by the spouse. See Gulf States.
UAE Federal Decree-Law No. 41/2024, articles 32, 33, 49

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9How do I verify a Thai marriage certificate at the Malaysian Consulate in Songkhla?
The marriage certificate from the Provincial Islamic Committee is usually verified at the Consulate General of Malaysia in Songkhla (or the Malaysian Embassy in Bangkok) before being brought home; current requirements should be verified directly with the consulate. Only marriages solemnised by an accredited officiant under the relevant provincial Islamic Council are accepted for registration. Certificates from unaccredited "express marriage" agents may be rejected, or even be forgeries. Foreigners, including Malaysians, usually receive only a religious certificate from the Provincial Islamic Committee and do not register at the Thai district office. After verification, have a certified translation made if requested, then register at the state Islamic religious affairs office within six months (Act 303 s.31). See Thailand.
Act 303, s.31

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10Why must I be fined first before a polygynous marriage in Thailand can be registered?
Because practising polygyny without the Syariah Court's permission is an offence, and the marriage can only be registered after the court is satisfied that it is valid under Hukum Syarak, subject to the penalty section (s.23(2)). Usually the husband is first charged and fined (Act 303 s.123; Selangor s.124; Sarawak s.127), and then the marriage is registered if the akad is valid. The maximum penalty in most states checked is a fine of RM1,000 or imprisonment of 6 months or both; in Sarawak up to RM3,000 or imprisonment of 2 years. Under JKSM Practice Direction No. 9/2007, the validation affidavit must state whether the marriage is polygynous, and if so it is referred up to the Syariah High Court. See polygyny in Malaysia.
Act 303, s.23, s.123Islamic Family Law (State of Selangor) Enactment 2003, s.124Islamic Family Law Ordinance 2001 (Sarawak), s.127JKSM Practice Direction No. 9/2007

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11Within how long must a marriage in Thailand, Indonesia or Saudi Arabia be registered in Malaysia?
For the Federal Territories, within six months (Act 303 s.31); other states have equivalent provisions in their own enactments, so the exact period should be confirmed with your state Islamic religious affairs office. Muslims resident in Malaysia who marry abroad must register the marriage in the state where they reside. Registration can be done at the Islamic Religious Affairs Office/Registrar of Marriages, or at the Malaysian embassy/consulate in the country concerned. Late registration incurs a fine, and delay makes it harder to register the children's births, claim maintenance and inherit. Do not leave a marriage abroad unregistered. See recognition of marriages abroad.
Act 303, s.31State Islamic Family Law Enactments

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12What are the conditions for polygyny in Indonesia?
The husband must obtain the permission of the Pengadilan Agama (Religious Court), and permission is given only if there are the prescribed reasons and conditions. Indonesia follows the principle of open monogamy (UU 1/1974 Article 3). Reasons (Article 4; KHI Article 57): the wife cannot perform her duties, has a physical disability or incurable illness, or cannot bear children. Conditions (Article 5; KHI Article 58): the wife's consent, assurance that the husband can guarantee the living needs of his wives and children, and a guarantee that he will be fair. The court summons and hears the wife, and examines financial evidence such as payslips. KHI Article 55 limits it to four wives, and Article 56 states that a second marriage without the Pengadilan Agama's permission has no legal force. See Indonesia.
UU No. 1 of 1974, Article 3–5Kompilasi Hukum Islam, Article 55–59PP No. 9 of 1975, Article 40–44

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13In Indonesia, is the first wife's consent required for polygyny?
In principle yes — the wife's consent is a condition under UU 1/1974 Article 5, but there are exceptions. Consent may be written or oral, and oral consent is affirmed before the court. It is not required if the wife cannot possibly be asked for consent, there has been no news of her for at least two years, or for other reasons assessed by the judge (Article 5 paragraph (2)). KHI Article 59 also allows the Religious Court to grant permission even if the wife refuses, after examining and hearing the wife; the wife may appeal (banding or kasasi). This differs from Malaysia, where the wife's consent is not a legal condition but her views must be stated. See Indonesia.
UU No. 1 of 1974, Article 5Kompilasi Hukum Islam, Article 58–59

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14What is nikah siri in Indonesia, and can it be validated later?
Nikah siri is a marriage that is not recorded by the Office of Religious Affairs (KUA). Article 2 of the UU Perkawinan states that a marriage is valid when performed according to religious law, and every marriage is recorded according to statutory regulations. Without recording, the wife and children have no official proof and find it hard to claim maintenance, jointly acquired property and inheritance. The remedy is an application for itsbat nikah (marriage validation) at the Religious Court, but it is not a shortcut to avoid the conditions for polygyny. For a husband who is already married, an unrecorded marriage usually means bypassing the required court permission. Unrecorded polygyny also does not appear in official statistics. This site does not encourage unregistered marriages. See Indonesia.
UU No. 1 of 1974, Article 2Kompilasi Hukum Islam, Article 56

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15Is polygyny a crime in Indonesia under the new KUHP?
The new KUHP does not prohibit polygyny as such, but Article 402 criminalises a marriage conducted while there is a lawful impediment. The national KUHP (UU No. 1 of 2023) comes into force on 2 January 2026. Article 402 paragraph (1): maximum imprisonment of 4 years 6 months or a category IV fine; paragraph (2), if the existing marriage is concealed from the other party: maximum imprisonment of 6 years or a category IV fine. The chair of Commission III of the DPR explained in January 2026 that the target is, for example, marrying another man's wife. How far a second marriage without the permission of the Religious Court counts as a "lawful impediment" is still debated, and there is no settled prosecution practice yet. What is certain: concealing an existing wife is the most serious form. See Indonesia.
UU No. 1 of 2023 (KUHP), Article 402 and 624

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16Can civil servants (PNS/ASN) in Indonesia practise polygyny?
It is possible with additional conditions: a male civil servant (PNS) must first obtain written permission from his office (superior), in addition to the permission of the Religious Court (Pengadilan Agama) (PP 10/1983 jo. PP 45/1990). A female civil servant, for her part, is not permitted to become a second, third or fourth wife, and a breach can bring heavy disciplinary penalties. An example of a regional regulation is Pergub DKI Jakarta No. 2 of 2025: according to a detikNews report, a male ASN may have more than one wife only if there is a reason, the wife's written consent, sufficient income, willingness to be just, no disruption to duties, and court permission. Governor Pramono Anung (February 2025) stated that he would not grant polygyny permission to Jakarta ASN during his administration. Members of the TNI/Polri are subject to their own internal regulations. See Indonesia.
PP No. 10 of 1983 jo. PP No. 45 of 1990Pergub DKI Jakarta No. 2 of 2025 (detikNews report, Jan 2025)

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17In Singapore, can the first wife object to her husband marrying another?
Yes. The first wife can raise her objection with ROMM during the Kadi's inquiry, and if the application is still approved, she can appeal to the Appeal Board. The Kadi may summon the existing wife and weigh her views together with the applicant's financial means and reasons for wishing to marry again. After the second marriage, the first wife may also apply for divorce on the ground of unequal treatment. Appeal Board decisions show that financial means and the wife's consent alone are not enough without a reasonable cause — for example Ja'afer bin Kassim [2010] 5 SSAR 179 was dismissed, while Saheeda Banu v Osman Mohamed Sabeer [1998] 5 SSAR 164 was allowed with undertakings on maintenance and a separate home. See Singapore.
Administration of Muslim Law Act 1966 (Singapore), s.96(3)CEDAW/C/SGP/6 (2021), paragraph 223CEDAW/C/SGP/RQ/6 (2024), paragraph 132

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18A Malaysian wants to marry in Singapore — what should they know?
A contract in Singapore usually requires at least one party to be resident or to meet ROMM's conditions, and foreign nationals need marital status documents certified by their home country (current requirements to be verified). A Malaysian husband who already has a wife needs the permission of his state Syariah Court in Malaysia; ROMM will also investigate his marital status. Do not hide an existing wife — that is deception and can be an offence in both countries. ROMM does not allow a person who declares that he is already married abroad to marry in Singapore until that foreign marriage is dissolved. After the contract, register it at the state religious affairs office or the Malaysian High Commission in Singapore within the period set by the Enactment (to be verified). Marriage does not give an automatic right of residence. See Singapore.
Act 303, s.23CEDAW/C/SGP/RQ/6 (2024), paragraph 133

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19In Brunei, is court permission needed for polygyny?
Yes. Under s.23 Chapter 217 (Emergency (Islamic Family Law) Order 1999), a man may not marry again anywhere except with the written permission of a Syar'ie Judge. The application is accompanied by a written declaration stating the grounds on which the marriage is just and necessary, present income, financial commitments and liabilities, the number of dependants including new ones, and whether the consent or views of the existing wife have been obtained. Unlike Malaysian state enactments, which list specific conditions in s.23(5), Brunei's s.23(3) gives the Syar'ie Judge a general discretion to approve if satisfied according to Hukum Syara'. Official statistics on Brunei polygyny applications were not found (to be verified). See Brunei.
Islamic Family Law Act (Brunei), Chapter 217, s.23

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20Brunei: is the first wife's consent needed for polygyny?
The wife's consent is not an absolute condition in Brunei, but her views must be stated. The written declaration accompanying the application under s.23(2) Chapter 217 must state whether the consent or views of the existing wife have been obtained. The Syar'ie Judge then decides according to Hukum Syara' guided by the information in that declaration (s.23(3)). After marrying, a husband who fails to treat a wife justly according to Hukum Syara' may be fined up to $2,000, imprisoned for up to 6 months, or both (s.129). The wife may also claim her rights through the Syariah Court, including taʿliq divorce (s.45), judicial dissolution (fasakh) (s.46) or dissolution for harm recognised by Syariah law (darar syarie) (s.44). See Brunei.
Islamic Family Law Act (Brunei), Chapter 217, s.23, s.44–46, s.129

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21A Bruneian wants to marry in Malaysia — what permission is needed?
A Bruneian citizen or permanent resident who wishes to marry abroad must first obtain the Registrar's permission (s.18 Chapter 217), and register the marriage within 6 months of returning (s.29). Failing to appear for registration without reasonable excuse is an offence (s.33: a fine of up to $1,000, imprisonment of up to 3 months, or both). A marriage to a foreigner or by a civil servant may require additional administrative approval (to be verified). On the Malaysian side, a husband who is already married still needs the permission of the state Syariah Court; one permission does not replace the other. People from Sabah and Sarawak are subject to their own state enactments/ordinances. See Brunei.
Islamic Family Law Act (Brunei), Chapter 217, s.18, s.29, s.33Act 303, s.23

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22Philippines: what is the Art. 162 notice before marrying again?
It is a written notice that the husband must file with the Clerk of the Shari'a Circuit Court where his family resides, before marrying again (PD 1083 Art. 162). The Clerk serves a copy of the notice on the existing wife or wives. If any wife objects, an Agama Arbitration Council is constituted: each party nominates a representative, and the Clerk acts as chair. If the Council fails to obtain the wife's consent, the court decides whether to sustain the objection, subject to the conditions of Art. 27. Failure to comply with Art. 162 is punishable by arresto mayor (imprisonment of 1 month 1 day to 6 months) or a fine of ₱200–₱2,000, or both (Art. 183). In practice, this notice is often not filed. See Philippines.
PD 1083 (Philippines), Art. 27, 161–162, 183

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23In the Philippines, if one converts to Islam to marry again, can one escape bigamy?
No. Embracing Islam merely to marry again while still bound by a civil marriage does not prevent prosecution for bigamy (Revised Penal Code Art. 349). Art. 180 of PD 1083 exempts persons married under this Code, but the Supreme Court has limited it. In Nollora v. People (2011), a man claiming to be a convert was convicted because his marriage was not solemnised under PD 1083. In Malaki v. People (2021), a party to a civil marriage who embraced Islam and then married again was still guilty, as was the new spouse; the first civil marriage remains under civil law. The court also stressed that the wife's consent, or the court's permission if the wife refuses, is a sine qua non. Islam itself does not allow religion to be used as a ruse to wrong a wife. See Philippines.
PD 1083 (Philippines), Art. 3, 13, 180Revised Penal Code (Philippines), Art. 349Nollora v. People, G.R. No. 191425 (2011)Malaki v. People, G.R. No. 221075 (2021)

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24A Sabahan marries in Sulu or Mindanao — how is it registered?
A marriage contracted in Mindanao or Sulu where the couple live in Sabah must be registered at the Sabah Islamic religious affairs office under the Sabah Islamic Family Law Enactment 2004 (section to be verified). Obtain a marriage certificate from the Shari'a Circuit Registrar or a PSA copy, not just a letter from the imam. To be registered in Malaysia, the documents usually need to be authenticated by the Philippine Department of Foreign Affairs (DFA) and the Malaysian Embassy in Manila (current procedure to be verified). A contract without official documents, or without a valid wali, makes registering the child's birth and the spouse pass difficult. If the husband already has a wife, Syariah Court permission is still required; if domiciled in the Philippines, notice under Art. 162 must also be filed. See Philippines.
Islamic Family Law Enactment (Sabah) 2004PD 1083 (Philippines), Art. 81–86, 162Act 303, s.23

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25In Thailand, which provinces apply Islamic family law?
Only four provinces: Pattani, Narathiwat, Yala and Satun, under the Act on the Application of Islamic Law B.E. 2489 (1946). There, in civil cases on family and inheritance between Muslims, Islamic law applies in place of the Civil and Commercial Code (s.3). A Dato' Yutitham sits with the judge and his ruling on Islamic law is final (s.4). The Act does not create separate Syariah courts. Songkhla is not included even though some of its districts have large Muslim populations; Muslim family disputes there are decided under the monogamous Civil Code. Act 1946 also has no polygyny permission procedure or specific penalties. See Thailand.
Act on the Application of Islamic Law in the Provinces of Pattani, Narathiwat, Yala and Satun B.E. 2489, s.3–5

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26A marriage in Thailand using a wali hakim — valid or not?
Wali hakim Thailand sah hanya jika wali nasab tiada, enggan tanpa alasan syarak ('adhal), atau berada melebihi dua marhalah menurut mazhab Syafi'i. Jika wali nasab ada dan boleh dihubungi, menggunakan wali hakim di seberang sempadan berisiko menjadikan akad diragui. "Tiada nikah melainkan dengan wali" (riwayat Abu Dawud 2085 dan at-Tirmidhi 1101; sahih), dan "Sultan ialah wali bagi sesiapa yang tiada wali" (riwayat at-Tirmidhi 1102; hasan). Pertikaian tentang wali ialah sebab utama permohonan pendaftaran ditolak; Mahkamah Syariah boleh enggan mengesahkan akad dan pasangan mungkin perlu berakad semula. Jalan lebih selamat: mohon perintah wali hakim di Mahkamah Syariah negeri sendiri. Lihat kahwin rentas sempadan.
Perbezaan mazhab. Mazhab Hanafi membenarkan wanita dewasa yang waras mengakadkan dirinya; Syafi'i, Maliki dan Hanbali menjadikan wali rukun, dan undang-undang Malaysia mengikut jumhur.
Sunan Abu Dawud 2085 (sahih)Jami' at-Tirmidhi 1101 (sahih)Jami' at-Tirmidhi 1102 (hasan)

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27Can a second wife be registered at a Thai district office (amphoe)?
No. The district office will not register a second marriage of a man who already has a registered marriage. The Thai Civil and Commercial Code is monogamous: s.1452 (amended 2024) states that a person may not marry while still having a spouse, and a marriage in breach of it is void (s.1495). A civil marriage exists only once registered (s.1457). As a result, most polygynous marriages in Thailand have only a religious certificate from the Provincial Islamic Committee. In the four southern provinces, the courts can recognise it in family disputes between Muslims, but for other civil matters a wife without civil registration is in a weak position (current practice to be verified). See Thailand.
Thai Civil and Commercial Code, s.1452, 1457, 1495Act on the Application of Islamic Law B.E. 2489, s.3

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28Can a wife put the condition "the husband will not marry another" in the akad in Saudi Arabia?
Yes, and in Hanbali fiqh, the basis of Saudi law, that condition is valid and binding; if it is breached, the wife may choose fasakh. Article 27 of the Personal Status Law 2022 binds the couple to agreed conditions, but it only gives a right to fasakh if written in the contract document or acknowledged by both parties. Article 28: if the husband breaches a condition, fasakh takes place without compensation from the wife. The evidence is the hadith: "The conditions most deserving of fulfilment are those by which you make intimacy lawful" (Sahih al-Bukhari 2721; Sahih Muslim 1418). However, some Saudi scholars argue that such a condition can be voided under Article 29, and how far the courts enforce it after 2022 is to be verified. Make sure the condition is written in the registered contract. See Saudi Arabia.
Difference among the schools. Hanbali: the condition is valid and gives a right to fasakh. Shafi'i and Hanafi: the condition is not binding and the contract remains valid; Maliki: stipulating it is disliked (makruh), and it binds only in the form of a taʿliq (conditional divorce).
Sahih al-Bukhari 2721Sahih Muslim 1418Saudi Personal Status Law 2022, Article 27–29

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29A Malaysian woman wants to marry a Saudi man — what approvals are needed?
The Saudi spouse must obtain special permission from the Ministry of Interior before marrying a foreigner; a ma'dhun may not solemnise a mixed marriage without that approval letter. The Ministry of Justice guideline is Ministerial Order no. 6874 (1422H). Usual conditions such as age limits and age gaps have been reported and amended from time to time (to be verified through Absher or the regional Emirate office). A Malaysian bride needs a valid wali, and must bring her birth certificate, a verified letter of single or divorced status, and a certified Arabic translation. A foreign wife's residence permit depends on the husband as sponsor. After the akad, register it again in Malaysia (Act 303 s.31). See Saudi Arabia.
Saudi Minister of Justice Order no. 6874 (1422H)Act 303, s.31

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30Should one marry during umrah in order to have a mahram?
It is not needed. Saudi Arabia now allows women to perform umrah and hajj without a mahram, subject to age and package conditions (to be verified with the Ministry of Hajj & Umrah and Tabung Haji). Moreover, according to the majority of scholars including the Shafi'i and Hanbali schools, a marriage contract is invalid while in ihram (Sahih Muslim 1409). An umrah or tourist visa is also not a route to residence; a marriage without approval gives no residence permit, and such marriages often cannot be registered. An undocumented "under the table" marriage leaves the wife and children unprotected. See Saudi Arabia.
Sahih Muslim 1409

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31How are marriages registered in Saudi Arabia? What is Najiz?
Every contract must be registered (Article 8) and conducted by a ma'dhun (licensed marriage officiant) under the Ministry of Justice. Najiz (najiz.sa) is the ministry's e-services portal for booking a ma'dhun, obtaining an electronic contract, documenting talaq and filing family cases. The standard contract records the amount of the mahr and has space for conditions, and the wife has the right to receive a copy. After the contract, the marriage is recorded in the Ministry of Interior's civil status register; since the 2019 amendments a woman can register the marriage herself (details to be verified). Keep a copy of the contract from Najiz and any foreign marriage approval letter — they are needed for re-registration in Malaysia. See Saudi Arabia.
Saudi Personal Status Law 2022, Article 8

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32In Saudi Arabia, must the husband go to court to divorce his wife?
Court permission is not needed, but the husband must document the talaq within 15 days. Article 77 defines talaq as the dissolution of the contract at the husband's will. Under Article 80–91, the wife has the right to be notified; if the husband fails to register or notify, the wife is entitled to compensation of at least the equivalent of the maintenance owed. On a triple talaq in one pronouncement, sources conflict: the LSE (2024) states that Article 83 counts it as one, while Amnesty (2023) writes that it is still final (to be verified). The wife, for her part, may apply for khulʿ (Article 95–102) or fasakh (Article 103–115). For a marriage registered in Malaysia, a talaq abroad must be confirmed in a Malaysian Syariah Court. See Saudi Arabia.
Saudi Personal Status Law 2022, Article 77–115

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33Is misyar marriage in Saudi Arabia recognised?
A misyar marriage — where the wife waives her right to maintenance or housing — is recognised through fatwas and commonly practised, but is not mentioned in the Personal Status Law 2022 (Musawah 2022). The main problem arises when it is not documented: a marriage without registration, including an unregistered misyar, makes it hard for the wife to prove the child's lineage, claim maintenance and obtain residence permission. Every contract must be registered (Article 8). For domestic workers, an undocumented "under the table" or misyar marriage leaves the wife and children with no residence permit, no official lineage and at risk of deportation. This site does not encourage unregistered marriages. See Saudi Arabia.
Saudi Personal Status Law 2022, Article 8

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34What is the latest Islamic family law in the UAE?
The current law is Federal Decree-Law No. 41/2024 on Personal Status, in force from 15 April 2025, replacing Federal Law 28/2005. It applies to Muslims; non-Muslims may choose Decree-Law 41/2022 on Civil Personal Status. Its provisions include: marriage age 18, below 18 only with court permission (article 19); a limit of four wives (article 32(4)); contract conditions are binding, with a right to dissolve if breached (article 33); fairness between wives in treatment, rotation and maintenance (article 49(6)); wives may be housed in the same building if each has almost complete independence (article 105(4)); and talaq must be documented in court within 15 days (article 58). See Gulf States.
UAE Federal Decree-Law No. 41/2024, articles 19, 32, 33, 49, 58, 105

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35Qatar: is the first wife informed if her husband marries again?
Yes. Under Article 14 of Qatar Family Law No. 22/2006, in all cases the existing wife is notified after the contract. If the husband's status indicates financial inability, the marriage officer must also make sure the prospective wife knows of it, but may not refuse registration if she still agrees. Qatar does not require court permission. This law is based on the Hanbali school: a limit of four wives (Article 25(2)), contract conditions including not marrying again are binding and their breach gives the right to seek fasakh (Article 53), and the husband must be just between his wives (Article 57(6)). According to MICS 2012, about 4% of marriages in Qatar are polygynous. See Gulf countries.
Qatar Family Law No. 22/2006, articles 14, 25, 53, 57

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36Bahrain: must the husband declare that he is already married at the akad?
Yes. Under Bahrain Family Law No. 19/2017, the husband must declare his marital status; if already married, the ma'dhun records the existing wife's name and residence in the akad (article 19; Minister of Justice Decision 1/2016 article 9(3)). Registration is mandatory (article 18) and the husband must be just in maintenance and the rotation (article 39(d)). The wife may also put a condition in the akad that he will not marry again. This law unifies Sunni and Ja'fari provisions. Ministry of Justice data for 2020 show about 5.7% of Bahraini citizens' marriage contracts were polygynous, stable between 5.5% and 6.5% for 2015–2020. See Gulf states.
Bahrain Family Law No. 19/2017, articles 18, 19, 39

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37Is a mut'ah (temporary) marriage in Iran recognised in Malaysia?
No. A mut'ah marriage in Iran is not recognised by Islamic family law in Malaysia and is rejected by the Shafi'i school. Iran's Civil Code recognises temporary marriage according to Ja'fari fiqh, but all four Sunni schools consider it abrogated and void (Sahih Muslim 1406). Offers of a "contract" or fixed-term marriage are also a warning sign of marriage syndicates. For permanent marriage, Iran requires court permission for a second wife and, based on the history of its law, the first wife's consent except for certain reasons — the current position is to be verified. The Family Protection Law 2013 requires registration of permanent marriages, divorces and rujuk. See Iran.
Sahih Muslim 1406Iran Family Protection Law 2013

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38In Egypt, is the first wife informed when her husband marries again?
Ya. Di bawah perkara 11 bis Undang-Undang 25/1929 (dipinda Undang-Undang 100/1985), suami wajib menyatakan status perkahwinannya dalam surat akad serta nama dan alamat setiap isteri sedia ada, dan ma'dhun wajib memaklumkan isteri sedia ada melalui surat berdaftar. Isteri boleh menuntut cerai jika dia mengalami mudarat material atau moral sehingga mustahil hidup bersama, walaupun tiada syarat dalam akad; hak ini gugur selepas setahun dari tarikh mengetahui perkahwinan itu, atau lebih awal jika dia redha. Poligami tidak dianggap mudarat dengan sendirinya — mudarat perlu dibuktikan. Isteri baharu yang tidak tahu suaminya sudah berkahwin juga boleh menuntut cerai. Memberi maklumat palsu boleh didenda dan dipenjara (perkara 23 bis). Lihat Timur Tengah.
Undang-Undang Mesir 25/1929, perkara 11 bis dan 23 bis (dipinda Undang-Undang 100/1985)

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39Jordan: what are the conditions for marrying a second wife?
In Jordan, the judge must check before conducting the akad of a man who is already married (Personal Status Law No. 15/2019, article 13). The judge must ensure that the husband is able to pay the prospective wife's mahr, able to provide maintenance for all his dependants, and that the prospective wife is informed that the man is already married. After the akad, the court informs the existing wife. The first wife's consent is not required. Article 79 requires the husband to be just in the rotation and maintenance. The akad must be documented by a judge or his deputy (article 36); an akad outside the court is punishable with a fine of up to JOD 200. In 2022, 7% of grooms in Jordan were already married (HPC/UNFPA 2023). See Middle East.
Jordan Personal Status Law No. 15/2019, articles 13, 36, 79

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40Morocco: is it hard to obtain polygyny permission under the Moudawana?
Ya, ia antara yang paling ketat yang masih membenarkan poligami. Di bawah Moudawana 2004 (berasaskan fiqh Maliki), poligami dilarang jika dikhuatiri tidak adil, dan dilarang jika isteri mensyaratkan dalam akad bahawa suami tidak akan berkahwin lagi (perkara 40). Mahkamah tidak membenarkannya tanpa justifikasi luar biasa dan objektif, atau jika suami tidak mampu menanggung dua keluarga (perkara 41). Suami memohon dengan penyata kewangan (perkara 42), isteri sedia ada dipanggil (perkara 43), dan bakal isteri mesti dimaklumkan serta menyatakan persetujuannya (perkara 46). Jika isteri pertama memilih bercerai, haknya mesti dibayar dalam 7 hari atau permohonan dianggap ditarik balik (perkara 45). Pada 2020 hanya 658 kes, iaitu 0.3% akad. Lihat Timur Tengah.
Moudawana (Kod Keluarga Maghribi) 2004, perkara 40–46

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41Can one practise polygyny in Turkey or Tunisia?
No — both countries make polygyny a crime. In Tunisia (CSP 1956 article 18), a man who marries before his previous marriage is dissolved can be imprisoned for one year and/or fined, and a woman who knowingly marries him faces the same penalty. In Turkey, the Civil Code 4721 makes a marriage absolutely void if either party is already married (article 145(1)), and the Penal Code 5237 article 230 punishes it with imprisonment of 6 months to 2 years. An imam's contract (imam nikahı) in Turkey has no legal effect; such a wife has no right to maintenance, matrimonial property or inheritance. For Malaysians: a polygynous contract there is a crime and invalid — never do it. See Middle East.
Tunisian Code du Statut Personnel 1956, article 18Turkish Civil Code No. 4721, article 145Turkish Penal Code No. 5237, article 230

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42What is 'urfi marriage in Egypt? Is it safe for Malaysian students?
An 'urfi marriage is an unregistered marriage, and it undermines the wife's rights and the confirmation of the child's lineage — do not get involved. In Egypt, the official contract is concluded by a ma'dhun under the Ministry of Justice, and for a married man, the ma'dhun must notify the existing wife (article 11 bis of Law 25/1929). Avoiding this process with an unregistered marriage makes it hard for the wife to claim maintenance and other rights. On the Malaysian side, a marriage abroad by a Muslim domiciled in Malaysia must be registered in their state within the period set by the Enactment, and documents must be endorsed through the Malaysian Embassy. A contract without a valid wali also risks not being recognised. See Middle East and cross-border marriage.
Egyptian Law 25/1929, article 11 bisSunan Abu Dawud 2085 (sahih)

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43I am a Malaysian woman marrying in a Gulf country — should I put conditions in the akad?
Ia pilihan anda, tetapi di seluruh GCC syarat dalam akad ialah alat paling berkesan bagi isteri yang tidak mahu dimadukan. Tiada negara GCC yang mensyaratkan kebenaran mahkamah sebelum suami berkahwin lagi. Di UAE (perkara 33) dan Qatar (perkara 53), pelanggaran syarat sah memberi hak menuntut pembubaran atau fasakh; di Bahrain isteri boleh mensyaratkan suami tidak berkahwin lagi. Tulis syarat dengan jelas dalam surat akad dan simpan salinan berdaftar — persetujuan lisan sukar dibuktikan. Syarat lain seperti bekerja, belajar atau rumah berasingan juga boleh dinyatakan. Pastikan akad dibuat oleh pegawai berlesen dan didaftarkan semula di Malaysia. Lihat Negara Teluk.
Perbezaan mazhab. Hanbali menganggap syarat tidak berkahwin lain mengikat; Syafi'i dan Hanafi menganggapnya tidak mengikat walaupun akad sah, jadi di Malaysia perlindungan serupa lazimnya melalui taklik.
Dekri-Undang-Undang Persekutuan UAE No. 41/2024, perkara 33Undang-Undang Keluarga Qatar No. 22/2006, perkara 53

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44The prospective wife is from Indonesia and her wali is there — how can the akad be done in Malaysia?
Wali nasab yang jauh boleh mewakilkan (tawkil) secara bertulis kepada jurunikah di negara akad, dan ini lebih selamat daripada terus menggunakan wali hakim. Wali hakim hanya digunakan apabila wali nasab tiada, enggan tanpa alasan syarak ('adhal, perlu diputuskan mahkamah), atau berada melebihi dua marhalah dan tidak dapat dihubungi. "Tiada nikah melainkan dengan wali" (riwayat Abu Dawud 2085 dan at-Tirmidhi 1101; sahih). Pasangan asing juga perlu dokumen status dan kebenaran wali dari negaranya; dokumen asing biasanya perlu disahkan oleh kementerian luar negara asal dan kedutaan, serta diterjemah jika perlu. Akad di Malaysia memberi kelebihan pendaftaran terus oleh pejabat agama negeri. Lihat kahwin rentas sempadan.
Perbezaan mazhab. Mazhab Hanafi membenarkan wanita dewasa yang waras mengakadkan dirinya; undang-undang Malaysia mengikut jumhur (Syafi'i, Maliki, Hanbali) yang menjadikan wali rukun.
Sunan Abu Dawud 2085 (sahih)Jami' at-Tirmidhi 1101 (sahih)Jami' at-Tirmidhi 1102 (hasan)

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45The husband pronounced talaq in Thailand or Saudi Arabia — must it be confirmed in Malaysia?
Yes. A talaq or divorce order abroad must be registered or confirmed at the Syariah Court in Malaysia before you can remarry in Malaysia, and the ʿiddah is counted from the date of the actual talaq. For marriages registered in Malaysia, a talaq pronounced in Thailand must be confirmed and registered at the state Syariah Court. In the Philippines, the talaq must be notified (PD 1083 Art. 161) and then confirmed in Malaysia. In Saudi Arabia and the UAE, the talaq must be documented within 15 days there — keep the documents. Claims for maintenance, mutʿah (consolatory gift) and harta sepencarian are easier to make in the country where the husband has assets; foreign court orders are not necessarily enforceable automatically. See cross-border marriage.
PD 1083 (Philippines), Art. 161Saudi Personal Status Law 2022, Article 80–91UAE Federal Decree-Law No. 41/2024, article 58

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46A child born in Indonesia or Saudi Arabia — how is it registered as a Malaysian citizen?
Register the birth at the Malaysian Embassy/Consulate within the set period (usually one year) so that the child's citizenship is recorded under the Federal Constitution, Second Schedule. The Constitutional amendment 2024 allows Malaysian citizen mothers also to pass citizenship to children born abroad (effective date and conditions to be verified). An unregistered marriage may mean the birth certificate does not record the father's name, and the child may be treated as illegitimate for citizenship purposes until the marriage is validated. Under the Shariah, a child born at least six lunar months after a valid akad is attributed to the father (Surah al-Ahqaf 46:15; Surah Luqman 31:14). Malaysia does not allow dual citizenship for adults. See recognition.
Federal Constitution, Second ScheduleSurah al-Ahqaf 46:15Surah Luqman 31:14

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47On what pass can a foreign wife live in Malaysia?
The foreign spouse of a Malaysian citizen may apply for a Long-Term Visit Pass (Spouse) through the Immigration Department, and later for permanent residence after a certain period (current conditions to be verified). The application requires a Malaysian marriage certificate — one more reason to register a marriage abroad promptly at the state Islamic religious affairs office. A marriage that cannot be registered, for example because the wali is in doubt or an unauthorised polygynous marriage has not been resolved, makes the spouse pass, the child's birth registration and maintenance claims difficult. Do not marry on a visa that does not allow it, such as an umrah or tourist visa in a country that requires approval. See cross-border marriage.
Act 303, s.31

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48I work in Dubai/Doha and want to marry again there — do I need Malaysian permission?
Yes. The permission of a Malaysian Syariah Court is still required even if the country of the contract allows polygyny without permission. The domicile law of a Malaysian man still applies (Act 303 s.23; state Enactments). A polygynous contract in the Gulf without that permission may lead to action under the state Islamic family law when it is registered in Malaysia. In the Gulf, the contract must be concluded by a licensed officer or court; in Bahrain the marital status and the name of the existing wife are recorded in the contract, while in Qatar the existing wife is notified after the contract. Expatriate workers usually need status documents and embassy confirmation (to be verified). An unregistered contract affects visas, residence and the children's lineage. See Gulf countries.
Act 303, s.23, s.123Qatar Family Law No. 22/2006, article 14Bahrain Family Law No. 19/2017, article 19

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49How many Malaysians marry in southern Thailand?
There is no official Malaysian figure; there are only statements by Thai religious authorities, the consulate and state executive councillors, and these figures cannot be added together. The Malaysian Consulate in Songkhla (Feb 2024) cited nearly 300 Malaysian couples a month, about 60% of them polygynous. Kedah recorded 799 cases in 2018, up from 566 in 2017. The Narathiwat Islamic Council (2022) stated that more than half the men who came for polygyny held the title "Datuk". After the illegal routes were closed from 1 December 2024, marriages in Narathiwat fell by about 40%. The Songkhla Islamic Committee recorded 4,500 couples in 2015. The consulate verifies documents but does not publish a data series. See polygyny in Malaysia.
Bernama, 3 Mar 2019Malay Mail, 25 Feb 2024Free Malaysia Today, 15 Jan 2025

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50My husband married in Thailand without my knowledge — what are my rights as the first wife?
A marriage in Thailand causes the existing wife to lose her right to be heard by the court before polygyny and the right to claim division of jointly acquired matrimonial property (harta sepencarian) at the time of polygyny — but Malaysian law still protects you. A man who marries without permission must immediately pay all mahr and gifts owed to the existing wife (s.23(8)), and the husband can be prosecuted (Act 303 s.123; Selangor s.124). A wife who is not treated justly may apply for judicial dissolution (fasakh), for example Selangor 2003 s.53(1)(h)(vi), and failure to do justice is also an offence (Selangor and Kedah s.129). Consult the Syariah Court or your state religious affairs office. See polygyny in Malaysia.
Act 303, s.123Islamic Family Law (State of Selangor) Enactment 2003, s.23(8), s.53, s.124, s.129

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