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🧭 Persediaan & memilih pasangan · #38

Should we discuss polygyny with a prospective spouse before marrying?

Yes, it is strongly encouraged to discuss each other's views on polygyny openly before the contract, for the sake of transparency and to avoid misunderstanding later.
Polygyny is permissible on condition of justice (an-Nisa' 4:3), but many couples have different expectations. An honest discussion lets the prospective wife make an informed decision, and the prospective husband understand his partner's sensitivities. Some couples include particular conditions or a taʿliq; their legal effect differs by school and state Enactment — see Conditions & taʿliq. In Malaysia, polygyny still requires Syariah Court permission (Act 303, s.23). More detail in Rulings.
Difference among the schools. The Hanbali school considers a wife's condition that the husband will not take another wife valid and binding (the wife may seek fasakh if it is breached); the Shafi'i school considers that condition void but the marriage still valid.

Sumber

Surah an-Nisa' 4:3Act 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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