Positive Developments in Muslim Family Laws

Polygamy is prohibited.

Polygamous marriages must be authorised by the court and may only be concluded with the agreement of existing wives. Court permission is only granted if the husband is able to provide justification for entering into multiple marriages as well as proof of his ability to be fair to all wives and meet the necessary conditions of married life with regard to all his marriages.

Polygamous marriages must be authorised by the court and may only be concluded with the agreement of existing wives. Court permission is only be granted if the husband’s existing wife: (i) is unable to perform her conjugal duties; (ii) suffers from a physical infirmity or an incurable disease; or (iii) cannot bear children.

Polygamous marriages must be authorised by the court and may only be concluded with the agreement of the existing wives. Court permission is only granted if certain conditions are met: (i) the first wife has to agree before the court to her husband marrying a second wife; (ii) if the wife is diagnosed with an incurable disease that prevents sexual intercourse or if the wife is infertile; (iii) the man has the financial capacity to support more than one wife; (iv) the husband signs a contract promising to deal with both wives fairly and equally in terms of sexual intercourse and other marriage relations; (v) the first wife does not have a condition in the marriage contract that the husband will not take a second wife. A man who concludes a polygamous marriage without the authorisation of a judge will be subject to a penalty of imprisonment and fine and judges are prohibited from suspending the penalties.

Polygamous marriages are only permitted with the written permission of an Arbitration Council consisting of a Chairman and one representative each of the husband and wife or wives. The Arbitration Council may only permit a new marriage if it is satisfied that the proposed marriage is necessary and just, subject to such conditions (if any) as may be deemed fit.

Unless the prospective bride is a widow, polygamous marriages must be authorised by a judge (​qadi​). A judge may only authorise a polygamous marriage if: (i) the husband has financial capacity; (ii) there is a legitimate interest for multiple marriages; and (iii) there is no fear of injustice between wives.

Polygamous marriages must be authorised by a judge. A judge may only authorise a polygamous marriage if the man can afford paying a dower (​mahr)​ a​nd i​s capable of financially supporting all those for whom he is responsible.

Polygamous marriages must be authorised by the court. A court may only authorise a polygamous marriage if ​an exceptional and objective justification for entering into multiple marriages is proven and the man is able to that he is financially capable of supporting multiple wives. The first wife must be present before the judge and be consulted before authorisation is granted.

Polygamous marriages must be authorised by a state appointed official (​kadi)​ . The ​kadi may only authorise a polygamous marriage if he is satisfied that: (i) ​The husband has the capacity to provide a life that is balanced in regard to the financial, physical and emotional well-being of his wives; (ii) The husband currently has a good marriage and is not seeking to take on additional wives because his existing marriage is not going well; and (iii) The new marriage will be beneficial to all parties.

Polygamous marriages must be authorised by the court. A court may only authorise a polygamous marriage if​: (i) the husband has the financial capacity to support multiple wives and families; and (ii) there is a legitimate reason for the multiple marriages.

Polygamous marriages must be authorised by a judge. A judge can only authorise a polygamous marriage upon being satisfied that the marriage is concluded in accordance with ​Shari’ah ​principles. A polygamous marriage entered into without a judge’s permission can still be officially registered but subject to a penalty (imprisonment, fine or both).

Polygamous marriages must be authorised by the court. The court may only authorise a polygamous marriage if it ​is satisfied that: (i) the propose marriage is just or necessary, having regard to the sterility, physical infirmity, physical unfitness for the conjugal relations, wilful avoidance of an order for restitution of conjugal rights or insanity of the existing wife or wives; (ii) the husband has the financial means to support all his wives and dependants, including those who would be his dependants as a result of the proposed marriage; (iii) the husband would be able to accord equal treatment to all his wives as required by ​Shari’ah ​principles; and (iv) the proposed marriage would not cause harm to the existing wife or wives. ​However, a marriage that is otherwise valid, but entered into without the court’s permission, can be officially registered later through the payment of a penalty.

A woman can stipulate in the marriage contract that her husband cannot take another wife. If her husband breaches this term of the marriage contract, the woman has the right to seek divorce.

A woman may petition the court for a divorce if she is able to show that her husband has failed to meet the requirements that he must meet under the law with regard to polygamous marriages.

A woman may petition the court for a divorce if she is able to show that her husband’s polygamous marriage is causing her harm.

A wife may seek a divorce if her husband has taken an additional wife in contravention with the requirements of the law.

The law provides for a couple to declare their intention to convert their potentially polygamous marriage to a monogamous marriage under the following conditions: (i) each spouse must voluntarily declare their intent to convert the potentially polygamous marriage to a monogamous one; and (ii) at the time the declaration is made, the husband must only have one wife. The declaration must: (i) be made before a marriage officer and must be recorded in writing and signed by each spouse; and (ii) registered with the Registrar of Marriage.

The law provides for a couple to opt for either a monogamous or polygamous matrimonial regime when the marriage is concluded. The choice of matrimonial regime is recorded in the marriage certificate.