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🚪 Perceraian, idah & rujuk · #39

Can one marry a fifth wife while the fourth wife is in her ʿiddah?

Not during the ʿiddah of a revocable (raj'i) talaq, because a wife in a raj'i ʿiddah still counts as a wife; the limit of four wives is still full.
For an irrevocable (ba'in) ʿiddah (khulʿ, triple talaq, or a raj'i talaq whose ʿiddah has ended), the Shafi'i school permits the husband to marry a new wife before the former wife's ʿiddah ends. The same ruling applies to marrying the former wife's sister.
In Malaysia, any polygynous marriage still requires the court's permission. Refer to fiqh of polygyny and ʿiddah & reconciliation.
Difference between schools. Shafi'i and Maliki: allowed during an irrevocable (ba'in) ʿiddah. Hanafi and Hanbali: not allowed until the former wife's ʿiddah ends, whether revocable (raj'i) or irrevocable.

Sumber

Surah an-Nisa' 4:3Surah an-Nisa' 4:23Act 303, s.23
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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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