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🏛️ Polygyny: the law · #23

What if the prospective second wife is a foreign national?

You need polygyny permission from the Syariah Court and must meet additional requirements for marrying a foreign national. The religious affairs office usually asks for additional documents such as a passport, a letter from the prospective wife's embassy confirming she is single or divorced, and the wali's permission (or the wali hakim procedure if the wali is not in Malaysia). Some states also require support or a report from certain bodies. The spouse's immigration status (visit pass, spouse pass) is handled separately with the Immigration Department. Do not marry abroad to avoid the procedure, because it is still an offence. Consult your state religious affairs office, the state-by-state guide and cross-border marriage.

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Related questions

The prospective second wife lives in another state — where must I apply?An application for permission for polygyny is usually made at the Syariah Court of the state where the husband is resident. The prospective wife must…Must the prospective second wife and her guardian attend the hearing of a polygamy application?Yes. Act 303 s.23(4) requires the court to summon the applicant, the existing wife or wives, the woman to be married…The prospective second wife is under the minimum marriage age. What is the procedure?Besides polygamy permission, marrying a woman under the minimum age requires a Syariah Judge's written…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 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 happens if the first wife does not attend the polygyny hearing?Usually the court may proceed with the hearing if the summons has been properly served on the wife but she…
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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