🏛️ 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.

Sources

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

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Related questions

A husband has divorced his first wife with a revocable (raj'i) talak but her ʿiddah has not ended. Does he need polygamy permission to marry again?Yes. A wife in the 'iddah of a revocable talak is still treated as a wife for many rulings, so a new marriage during that period…Does the court take the first wife's income into account when assessing a husband's ability to take another wife?The ability assessed is the husband's own; a wife's maintenance is the husband's duty even if she earns, so…Can the first wife claim jointly acquired matrimonial property (harta sepencarian) when her husband takes another wife?Yes. The court that grants permission for polygyny (or orders the marriage to be registered) may, on the application…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…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: • complaining to the Enforcement Division of the state Islamic Religious Department…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…

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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