Muslim husbands in Kedah told to get court permission before entering polygamy

February 1, 2023

Muslim husbands in Kedah told to get court permission before entering polygamy

ALOR STAR: Be honest with yourself, then seek permission from the court before entering polygamy marriage.

This is the reminder by the state Islamic Religious, Education and Human Resources Committee chairman Datuk Najmi Ahmad to Muslim husbands in Kedah.

“Evaluate your own capabilities properly and be honest with yourself whether you are suitable for polygamous marriage.

“It is incorrect to assume that one needs permission from the first wife to enter polygamy.

“It is the court’s permission that is required, though the first wife has to be informed about it,” he told reporters after closing the Kedah Book Bazaar here.

Najmi said the court would evaluate the request based on the applicant’s financial capabilities, particularly concerning nafkah (maintenance) of the parties involved.

“Do not attempt to hide the (polygamy) marriage if you are financially capable.

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“Even if the matter is brought to the court, there should not be any issue as the court’s primary concern is the nafkah of the parties involved,” he added.

However, he stressed that requesting permission from the court would not guarantee approval, as the court would only give the green light if the husband is deemed capable.

For record, the Kedah state legislative assembly had in July approved amendments to the state Islamic Family Enactment to raise the RM1,000 fine and six months’ jail for those entering polygamy without obtaining the court’s permission to RM3,000 and one-year jail term.

Najmi also reminded Malaysian couples who tied the knot abroad to register with local authorities here to avoid the marriage being non-recognised.

“First and foremost, if there is a letter of endorsement from our Consulate in Thailand or the relevant authority there, the marriage is deemed as legitimate.

“The failure to register their marriage may cause problems, including in obtaining birth certificate for the children, and affect their rights to receive public education,” he said.

Najmi said most of the problematic cases involved men secretly marrying in Thailand, particularly polygamous husbands who were afraid of informing the first wife.