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🏛️ Polygyny: the law · #8

Which court must I file a polygyny application in?

A polygamy application is filed at the Syariah Court of the state where you reside. The Islamic family law enactments say only “Court”, which s.2 defines as the Syariah Subordinate Court or the Syariah High Court, as the case may be. Polygamy applications are heard in the Syariah High Court under JKSM Practice Direction No. 14/2006 (in force from 1 June 2006), which directs that polygamy cases under Act 303 s.23 and the same section of the state enactments be tried in the Syariah High Court. The simplest way is to ask at the counter of the district Syariah Court or your district Islamic religious office. They will tell you the forms, fees and the right court. If the prospective wife lives in another state, also ask about any extra requirements in that state. See the guide by state for a summary of each state.

Sources

Act 303, s.23State Islamic Family Law EnactmentState Administration of Islamic Law Enactment
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Related questions

Where can I read my state's polygyny law?This site keeps the texts that could be obtained for all 13 States, with the origin of each copy, at State enactments…I did not know my husband married me without polygamy permission. Am I also guilty?The offence of polygamy without permission under Act 303 s.123 is placed on the man who marries; a woman genuinely deceived…Will the first wife be summoned to court during a polygyny application?In most States, yes. Act 303 s.23, s.23 of ten State enactments and s.21 of the Sarawak Ordinance require the court to summ…How long does the polygyny application process take at the Syariah court?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 …Do I need to appoint a Syarie lawyer for a polygyny application?It is not compulsory; applicants may file the application themselves. Many applicants handle the application without a lawyer, especially i…What are the conditions for the Syariah Court to approve a polygyny application?The court must be satisfied with several conditions set out in the state enactment. In the Federal Territories (Act 30…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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