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🏛️ Polygyny: the law · #25

What is the status of children from a polygynous marriage without permission?

If the marriage is valid under Shariah, children born of it are legitimate and their lineage is traced to their father. The offence of not obtaining court permission does not make the child illegitimate. However, without registration of the marriage in Malaysia, matters such as birth registration, the father's name, schooling and inheritance can become complicated. The couple should therefore promptly apply for confirmation and registration of the marriage in the Syariah Court. If the validity of the marriage is in doubt (for example a fake wali), the lineage status must be decided by the court. Do not delay, for the sake of the child's rights. Read the child's lineage.

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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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