Polygamous marriage: syariah and civil perspectives

Ali Mohamed, Ashgar Ali and Sardar Baig, Farheen Baig and Ahmad, Muhamad Hassan (2026) Polygamous marriage: syariah and civil perspectives. In: FAMILY LAW IN MALAYSIA: CIVIL AND SYARIAH PERSPECTIVES. CLJ Publication, Kuala Lumpur, pp. 141-160. ISBN 978-967-457-213-6

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Abstract

Polygamy is the opposite of monogamy and refers to a relationship in which one spouse marries more than one person at the same time. Polygyny refers to a man having more than one wife at the same time, while polyandry is where a woman marries more than one man at the same time. Polyandrous marriage refers to a situation where a man or a woman is legally having multiple spouses at the same time. Polygamy is either illegal or discouraged in most countries. In Sivanes Rajaratnam v. Usha Rani Subramaniam, Abdul Hamid Mohamad JCA stated: There must be a valid marriage under Malaysian law applicable to a couple before there can be any matrimonial relationship. In this country, a person is either married or not married. There is nothing in between. A marriage is either monogamous or polygamous. There is nothing in between. A Muslim marriage is polygamous. A non-Muslim marriage contracted after the coming into force of the Law Reform (Marriage and Divorce) Act 1976 is monogamous. It cannot be both monogamous and polygamous. The line dividing the two is clear. Bigamy, which is a criminal offence, occurs when a married person enters into another marriage contract while his earlier marriage still subsists. As noted in the earlier chapters, the contract of marriage only gives the right of enjoyment and not enslavement. A husband is fully responsible for the family in its entirety. With such a heavy duty imposed on him, it is only then that a man will take marriage seriously and be more serious when he contemplates a polygamous union. Polygamy may be justifiable when his wife is chronically ill and cannot fulfil the obligations of marriage or under certain conditions of wartime and when marrying the widows is to care for them and the orphans, among others. In Islam, while polygamy is permissible under certain circumstances, it is only allowed upon fulfilling the stringent conditions which include that a man who chooses to do so must be able to treat his wives equally. However, a Muslim man who understands the religious restrictions on this matter will not do so until he is confident that he will be just to his wives and the reasons for which he married them are solely for the sake of Allah. As women are generally perceived to be the weaker sex, statutes have been enacted to accord various protections to them and this includes on the subject of polygamy. Having said the above, this Chapter examines the law and practice relating to polygamy in the context of Islamic law and its application to Muslims under the Islamic Family Law (Federal Territories) Act 1984. Further, the discussion will also encompass the customary law of non-Muslims and with reference to the Law Reform (Marriage and Divorce) Act 1976.

Item Type:	Book Chapter
Uncontrolled Keywords:	Polygamous Marriage, Civil, Syariah, Islam.
Subjects:	K Law > K670 Family Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	29 Jul 2026 01:37
Last Update:	29 Jul 2026 01:43
Queue Number:	2026-07-Q4293
URI:	http://irep.iium.edu.my/id/eprint/130240

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