Polygamous marriage in the Muslim world...

north_malaysian

north_malaysian

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ALGERIA
It is permitted to contract marriage with more han one wife within the limits of the Shari'ah, if there is a just ground and the condition of equality can be fulfilled - provided that the previous and future wives are duly informed. Either wife can bring a judicial action against the husband and demand divorce if the second marriage takes place without her consent.

(Section 8, The Family Code 1984)


EGYPT
A man getting married shall declare his marital status in his application for registration of marriage. If he is already married, he shall disclose the name and address of his existing wife or wives. The registrar shall in that case inform them of the new marriage by registered post, acknowledgement due. A wife whose husband has married again can seek divorce on the ground of material injury caused by it, making it impossible to live with him - irrespective of whether or not the marriage contract incorporates a stipulation giving her such a right. If the qadi fails to effect reconciliation between the parties, he will grant an irrevocable divorce.

(Article 11A, Law of Personal Status 1929 (Amended 1885))


IRAQ
(4) Marriage with more than one wife is not permissible except with the permission of the qadi, and the grant of such permission shall depend on the following conditions:
(a) the husband's financial position should be sound enough to support the family of more than one wife;
(b) any lawful purpose should be involved.

(5) Where injustice between the wives is feared, plurality of wives is not permissible; determination of this fact lying with the qadi.

(6) All those who enter into a contract of marriage with more than one woman in contravention of clauses (4) and (5) shall be liable to imprisonment for a period not exceeding one year, or to fine not exceeding one hundred dinars, or to both.

(7) The provision of clauses (4) and (5) of this Article shall not apply and marriage with more than one wife shall be permissible if the object of such marriage is a widow.

(Article 3, The Code of Personal Status 1959)
 
LEBANON
A man having more wives than on must do equal justice and equal treatment to them.

(Article 74, The Law on Family rights 1917-1962)


SYRIA
The qadi shall not permit a married man to marry again unless there is some legal justification for it and he is capable of maintaining two wives.

(Article 17, Code of Personal Status 1953-1975)


TUNISIA
(i) Plurality of wives is prohibited. any person who, being already married and before the marriage is lawfully dissolved, marries again shall be liable to imprisonment for one year or for a fine of 240,000 malims, or to both, even if the second marriage is in violation of any requirement of this code.

(Article 18, Code of Personal Status 1956-1981)
 
INDONESIA
3. In principle a man shall be allowed to have only one wife and a woman one husband. The court may, however, grant permission to a man to have more than one wife if his first wife:
(i) is unable to perform her duties as wife, or
(ii) is suffering from a physical defect or incurable disease, or
(iii) is incapable if having children.

4.(1) The application for hafing another wife shall include:
(a) proof and consent of the existing wife,
(b) a guarantee that the man will be able to provide necessaries of life to all his wives and children, and
(c) a guarantee that he shall treat his wives and children justly.

(Articles 3 & 4, Law of Marriage 1974)


IRAN
A married man desiring to marry again should obtain prior permission of the court which could be given subject to fulfilment of the Koranic conditions for bigamy.

(Article 4, Family Protection Laws 1967-1975)


MALAYSIA
(1) No man, during the subsistance of a marriage, shall except with the prior permission in writing of the Shariah judge, contract another marriage, nor shall another marriage contracted without such permission to be registered under this Act.

(3) An application for permission shall be submitted to the court in prescribed manner and shall be accompanied by a statutory declaration stating the grounds on which the proposed marriage is alleged to be just and necessary, the present income of the applicant, particulars of his commitments and his ascertainable financial obligations and liabilities, the numbers of his dependants, including persons who would be his dependants as a result of proposed marriage, and whether the consent or views of the existing wife or wives on the proposed marriage have been obtained.

(Section 23, Islamic Family Law [Federal Territory] Act 1984)


Any man who, during the subsinstance of a marriage, contracts another marriage in any place without the prior permission in writing of the court commits an offence and shall be punished with a fine not exceeding RM1,000.00 or with imprisonment not exceeding 6 months or with both such fine and imprisonment.

(Section 123, Islamic Family Law [Federal Territory] Act 1984)
 
PAKISTAN
(1) No man, during the subsistance of an existing marriage, shall, except with the previous permission in writing of the arbitration council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under sub-section (1) shall be submitted to the chairman in the prescribed manner together with prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of the existing wife or wives has been obtained thereto.

(section 6, The Muslim Family Law Ordinance 1961)


SOMALIA
No man shall marry a second woman unless he is formally allowed to do so by the district court having jurisdiction. The court shall not allow such marriage except on any of the following grounds:-

(i) sterility of the first wife certified by a panel of doctors, provided that the husband was not aware of it before the marriage;

(ii) affliction of wife with a chronic or contagious disease certified by a doctor if it is incurable;

(iii) imprisonment of the wife for more than two years;

(iv) absence of wife from the matrimonial home for more than one year without a lawful reason;

(v) any social necessity [in which permission is to be granted by an official authorized by the Ministry of Justice and Religious affairs].

(Article 13, The Family code 1975)


TURKEY
strict prohobition of and penalty of bigamy but not compulsory annulment of bigamous marriage if the first marriage has in the meanwhile come to an end.

(Articles 93,112,114, Turkish Civil Code of 1926)

* This law adapted by legislation by Turkish Republic of Northern Cyprus by Turkish Family (Marriage and Divorce) Law 1951.
 
Tayyaba said:
They sound correct but is it all correct?
Click to expand...

It's correct that many Muslim countries permit polyamy but they're not exactly according to the laws of Islam. For example look at the following law in Pakistan:

"PAKISTAN
(1) No man, during the subsistance of an existing marriage, shall, except with the previous permission in writing of the arbitration council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance."

It's true that this this law in Pakistan permits polygamy. Initially, it was fully an Islamic law in which permission for another marriage from the existing wives was not required. In 1963 this was amended and permission from existing wives was made mandatory. Religious circles protested against this un-islamic amendment. They took out many violent rallies but their movement was supressed by the government with the use of military force.
 
If anyone has noticed, the topic has to do with the secular laws of marriage in various countries. This is not a topic about the pros and cons of polygamy. That is a seperate issue for a seperate thread.

I am deleting the off topic posts and the references to them.
 

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