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🏛️ Polygyny: the law · #1

Do I need court permission to marry again in Malaysia?

Yes, a man who is already married must obtain the prior written permission of the Syariah Court before marrying again. This requirement is in the Islamic family law enactment of every State; for the Federal Territories it is Act 303, section 23. The application is made in the Syariah Court. The enactments say only “the Court”; 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. Without permission, the marriage cannot be registered in the ordinary way and the husband may be charged with the offence of polygamy without permission. This rule does not forbid what the Shariah permits; it is administration by the authorities to ensure justice and protection for wives and children. The full steps are on the polygamy procedure page and the table of state laws.

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Next →What are the conditions for the Syariah Court to approve a polygyny application?

Related questions

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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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