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🏛️ Polygyny: the law · #128

In which states can the court not divide harta sepencarian when granting permission for polygamy?

In the texts read by this site, two states differ: Sarawak and Terengganu. In the Federal Territories, Act 303 s.23(9)(b) lets the court that grants permission for polygamy order the division of jointly acquired assets; most other states place it at s.23(10)(b), and Perlis at s.23(9). Sarawak Ordinance s.21(10) only gives power to order maintenance for the existing wife and dependants, with no power to divide assets. Section 22 of the Terengganu Enactment only requires the written permission of a Syarie Judge. In both states, harta sepencarian can still be claimed on divorce. As texts can be amended, please check the current position with the state Syariah court. See Sarawak and Terengganu.

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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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