Polygyny statistics in Malaysia and the region

The basic principle is one husband, one wife (Undang-Undang (UU, Law) 1/1974, Article 3). Polygyny requires the permission of the Religious Court (Pengadilan Agama) (Article 4) on one of these grounds — the wife cannot carry out her duties, has a disability or incurable illness, or cannot bear children — and all three conditions: the wife's consent, the ability to provide, and an assurance of fair treatment (Article 5). Under the Kompilasi Hukum Islam (KHI, the Compilation of Islamic Law) Article 55–59, the limit is four wives, and a marriage without permission "has no legal force". Male civil servants need the permission of their head of department; female civil servants may not become a second or subsequent wife (Peraturan Pemerintah (PP, Government Regulation) 10/1983, read together with PP 45/1990).

Source: UU 1/1974 on Marriage (tentang Perkawinan) · Compilation of Islamic Law (Kompilasi Hukum Islam, KHI)

Polygynous Muslim marriages are governed by the Administration of Muslim Law Act (AMLA), s.96. Every application is investigated by a kadi at the Registry of Muslim Marriages (ROMM) — the applicant, prospective wife, wali and witnesses may be called — and the first wife may object and appeal to the Appeal Board. Criteria: ability to provide, fairness, and whether there is a reasonable cause for polygyny. Financial ability and the wife's consent alone are not enough (the case of Ja'afer bin Kassim, 2010).

Source: Singapore's report to CEDAW (CEDAW/C/SGP/5), 11 Jan 2016 · Musawah — Singapore table 2022, 2022

Muslim polygyny requires the written permission of a Syarie Judge of the Syariah Court (s.23, Chapter 217 — originally the Emergency (Islamic Family Law) Order 1999). The application is accompanied by a declaration of the reasons for the marriage just and necessary, income, dependants and the existing wife's views; the judge decides according to Hukum Syara'. Marrying again without permission is an offence under s.123: a fine of up to $2,000, imprisonment of up to 6 months, or both. No official statistics on polygyny applications or approvals are published.

Source: Laws of Brunei, Chapter 217 Islamic Family Law (Revised Edition 2012), 2012 · Government of Brunei — reply to the CEDAW list of issues (CEDAW/C/BRN/Q/1-2/Add.1), paragraph 71–72, 2014

In Pattani, Narathiwat, Yala and Satun, family and inheritance cases between Muslims are decided according to Islamic law by the court together with a Dato' Yutitham (Act 1946). The Act has no polygyny permission procedure and no penalty. Songkhla is not covered by the Act. No official polygyny statistics for Thai Muslims were found — the only figures available concern Malaysians who marry there.

Source: Act on the Application of Islamic Law in Pattani, Narathiwat, Yala and Satun, B.E. 2489, 3 Dec 1946

Muslims are subject to the Code of Muslim Personal Laws (PD 1083, 1977). A man may have up to four wives only if he can treat them equally and in "exceptional cases" (Art. 27); he must give notice to the Shari'ah Circuit Courts, and an existing wife may object through the Agama Arbitration Council (Art. 162). Failure to comply with Art. 162: arresto mayor or a fine of ₱200–₱2,000, or both (Art. 183). No official national statistics on polygyny were found; the available figures are marriages registered under Muslim custom.

Source: Presidential Decree 1083, Code of Muslim Personal Laws — Lawphil, 1977

Personal Status Law 2022 (Royal Decree M/73, based on Hanbali fiqh) does not require court permission or the existing wife's consent for polygyny; every contract must be registered (Article 8, through the Ministry of Justice/Najiz). A wife may put conditions in the contract — including that the husband will not marry another — and seek judicial dissolution (fasakh) if a condition is breached or she is harmed (Article 103–115). There is no statutory penalty for polygyny. Saudi Arabia does not publish an official annual polygyny rate; the best figures come from household surveys.

Source: Bureau of Experts, Council of Ministers — Nizam al-Ahwal al-Syakhsiyyah (Royal Decree M/73), 2022 · Musawah — Saudi Arabia: Overview of Muslim Family Laws and Practices, 2022