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🏛️ Polygyny: the law · #4

Is the first wife's permission needed for a husband to take another wife?

Under Syariah law and Malaysian law, the first wife's consent is not a condition for the validity of a second marriage, but her views carry great weight. In the application, the husband must state whether the existing wife consents. The court will also summon the existing wife to attend and be heard. A well-founded objection, for example evidence that the husband cannot afford it or will cause harm (darar), can lead to the application being rejected. Conversely, the wife's consent does not guarantee approval, because the court still assesses the husband's means and justice. Being frank with your wife from the start is required etiquette and reduces conflict. Read women's rights and polygyny procedure.

Sumber

Act 303, s.23Surah an-Nisa' 4:19
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Soalan berkaitan

Can the first wife claim jointly acquired matrimonial property when her husband takes another wife?Yes. The court that grants polygyny permission (or orders the marriage to be registered) may, on the application of either…Can the first wife appeal if the court approves her husband's polygyny?Yes, the existing wife is an interested party and can usually appeal against the decision. The right of appeal is provi…What can the first wife do if her husband marries another without permission?The wife has several legal options and need not stay silent. Among them: • making a complaint to the Division…Can I take another wife without telling my first wife?Through lawful channels, no, because the court will summon the existing wife to attend the hearing of the applica…Will the first wife be called to court during a polygyny application?Yes. State Enactments require the court to summon the applicant and the existing wife or wives to attend during the…What happens if the first wife does not attend the polygyny hearing?Usually the court may proceed with the hearing if the wife has been properly served with the summons but chooses to …
Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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