For Muslim first wives, legal loophole can cause poligamy heartache

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For Muslim first wives, legal loophole can cause poligamy heartache
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FMT takes a closer look at the issues faced by Muslim women when their husbands seek to marry another, and the flaws in the system.

PETALING JAYA: A legal loophole which does not require Muslim men to seek their first wife’s permission to take another wife can lead to abuse, say activists.

When the wife raised the matter in court, the shariah judge admonished her for taking up the court’s time, claiming she had already agreed to the subsequent marriage.Ireeny said the first wife’s permission for a husband to enter into a polygamous marriage used to be a prerequisite. However, over time, states have dispensed with this requirement.

First, he must show that the proposed marriage is necessary or a just one, taking into consideration circumstances such as the current wife’s incapacity for reasons such as sterility, physical infirmity or insanity.Next, he must demonstrate that he will be able to accord fair treatment to all his wives as required under Islamic law.

For example, when a man is registered as “married” in Selangor, his marital status in the registries of other states will still reflect that he is “single”.

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