Is a polygynous marriage without court permission valid?

Under Syariah, the marriage may be valid if all its pillars and conditions are met (wali, two witnesses, offer and acceptance, an eligible couple). Under Malaysian law, however, it is an offence and cannot be registered in the usual way. Act 303 section 23 provides that a marriage without permission is not registered unless the court is satisfied it is valid under Syariah law and orders its registration. The applicant is also liable to prosecution under section 123. Problems arise if the wali or officiant is not valid, as in some syndicate marriages; such a marriage may be invalid. The court will decide in the confirmation process. See secret polygyny.