🧭 Serantau & Timur Tengah · #1
May Malaysians practise polygyny in Indonesia?
The contract may be held there, but Malaysian Syariah Court permission is still required, and Indonesia itself requires the permission of the Pengadilan Agama (Religious Court). Malaysians who marry in Indonesia are subject to two systems at once: Indonesian law for the contract there, and the state Islamic family Enactment for recognition in Malaysia. In Malaysia, a married man must obtain the written permission of the Syariah Court before marrying again (Act 303 s.23 for the Federal Territories; equivalent state Enactments), and this requirement applies even if the contract is made abroad. In Indonesia, the Registrar is forbidden to record a second marriage without the court's permission (PP 9/1975 Article 44). The KUA usually asks for a status certificate from the home country through the Embassy of Malaysia in Jakarta or a consulate. The safe order: court permission first, then the contract, then registration. See Indonesia.
Sumber
Act 303, s.23UU No. 1 of 1974, Article 3–5PP No. 9 of 1975, Article 40–45