🧭 Region & Middle East · #10
Why must I be fined before my polygynous marriage in Thailand can be registered?
Because polygamy 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 according to Hukum Syarak, subject to the penalty section (Act 303 s.23(1A); Selangor s.23(2)). Usually the husband is charged and fined first (Act 303 s.123; Selangor s.124; Sarawak s.127), and then the marriage is registered if the contract is valid. The maximum penalty in most of the states checked is a fine of RM1,000 or imprisonment of 6 months or both; Terengganu up to RM2,000 or imprisonment of 1 year (s.126); Sarawak up to RM3,000 or imprisonment of 2 years (s.127). Under JKSM Practice Direction No. 9/2007, the affidavit for validation must state whether the marriage is polygamous, and if so it is referred to the Syariah High Court. See polygamy in Malaysia.
Sources
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