🧭 Region & Middle East · #41

Can one practise polygyny in Turkey or Tunisia?

No — both countries make polygyny a crime. In Tunisia (CSP 1956 article 18), a man who marries before his previous marriage is dissolved can be imprisoned for one year and/or fined, and a woman who knowingly marries him faces the same penalty. In Turkey, the Civil Code 4721 makes a marriage absolutely void if either party is already married (article 145(1)), and the Penal Code 5237 article 230 punishes it with imprisonment of 6 months to 2 years. An imam's contract (imam nikahı) in Turkey has no legal effect; such a wife has no right to maintenance, matrimonial property or inheritance. For Malaysians: a polygynous contract there is a crime and invalid — never do it. See Middle East.

Sources

Tunisian Code du Statut Personnel 1956, article 18Turkish Civil Code No. 4721, article 145Turkish Penal Code No. 5237, article 230

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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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