🧭 Serantau & Timur Tengah · #10
Why 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.
Sumber
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