Group 1

ANTONESSEN JINTONI B1801307

HENDRIQUE DYLAN BANTIN ANAK TRABAWAN B2000178
LUM WAN YENG B2100093
NG SENG YOON B0700225
TAN JIA WEN B2000235
THENMOLEY A/L KUMANAN B2100106
 What is Polygamy ef

Marriage
DEFINITION IN OXFORD DICTIONARY
The condition or practice of having more than one spouse at the same
time.
Act of a man who is married to more than one wife, living with them at
the same time.

SURA IV (NISA, OR THE WOMEN) (SURA IV: 3)

“If you fear that you might not treat the orphans justly, then marry the
women that seem good to you: two, or three, or four. If you fear that you will
not be able to treat them justly, then marry (only) one, or marry from among
those whom your right hands possess. This will make it more likely that you
will avoid injustice”
 What is 01 JURIST PROFESSOR AHMAD IBRAHIM (MUSLIM
MARRIAGE AND DIVORCE IN SINGAPORE [1962]
MLJ XI AT P. XIV)

Polygamy The general rule is that a man has only one wife…. [‘a
man is allowed to marry more than one wife only in

Marriage
exceptional cases and where he can show that he can
treat all his wives equitably, that is so far as possible,
equally’].

ISLAMIC FAMILY LAW (STATE OF JOHOR) 02 ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984
SECTION 23 (1)

03
ACT 1984 SECTION 23 (1)
No man during the subsistence of a marriage
shall, except with the prior permission in
writing of the Court, contract another marriage
with another woman.
No man, during the subsistence of a marriage, shall, except
with the prior permission in writing of the court, contract
marriage with another woman nor shall such marriage
contract without such permission be registered under this
Act: Provided that the court may if it is shown that such
marriage is valid according to Hukum Syarak order it to be
registered subject to Section 123.

04 RULE 11 OF THE MUSLIM MARRIAGE AND DIVORCE RULES, 1968

(a) whether the husband is competent to support more than one wife and will be able, if he marries more
than one wife, to treat them with equity in accordance with the Muslim law
Before Prophet Muhammad SAW Was Born

01 Discussion On The
Polygamy had long been a part of patriarchal civilizations
around the world's practice. A patriarchal civilization is one in
which men are viewed as actors with the authority to make
decisions about all aspects of social, communal, economic, Rationale Or
and political life in society.
Justification For
02 Women were regarded as inferior and insignificant beings. Women
were viewed as objects or goods that could be inherited. Their
Polygamous
owners and heirs are both men and had the right to have multiple
wives and female slaves.
Marriages

03
Polygamy marriages were legalized in Mesopotamia and the
Mediterranean, as well as by various religious groups such as Christians
and Hindus at the time.
 During Prophet Muhammad SAW
Aims Discussion On The
Prophet Muhammad SAW's ideal is to establish a life system that is just
and respects the dignity of man. It is because he deemed people must be Rationale Or
treat equally, justly and respectfully regardless genders, races or
nationalities. Therefore, Polygamy was practiced in Islam to protect Justification For
women's modesty.
Polygamous Marriages
The reason of permitted to practice polygamy marriage

1. Protection and Dignity to Widows & Forge a Kinship link with his Opponents
Following the Battle of Uhud in 625 A.D., many Muslim women were
widowed after their husbands were killed in battle. As a result, they
lost families who could provide them with necessities such as
shelter, a place to stay, and food.

Lady Sawdah & Lady Umm Salamah, was an example of the situation. Both of
them were widows. Because of their father and brother were not only infidels but
also enemies of Islam. Hence, The Prophet, decided to married them in order to
protect them and to forge an important kinship link with his opponents.
02 To Set the Slaves Free
Although, Muslims enslaved two hundred families from that tribe.
At first, the Prophet freed Juwayriyyah, the tribe's chief's daughter,
unfortunately she become a widow. Therefore, the Prophet decided
to married her and the entire Banu Mustaliq tribe converted into
Islam.
To protected women, become a slave and thus the prophet Muhammad allow his
followers to married more than 1 wife but four is the maximum. For instances, a
prophet Muhammad married with a noble Safiyyah bint Huyaiy ibn Akhtab who is a
jewish tribe from Khaybar just to protect her from kidnapping.

03 To teach Muslim’s compassion with women

Protected, care, compassionate and respected to the poor and
destitute widows, divorcees, orphans, and elderly women is a
must in Islam.

04 Everyone are equals

Everyone is members of a society that should work together and help one another. Thus,
Men and women have equal status, because they are the best creatures of God who can
carry out the mission of God. (Qur'an 96:4, 51:56, 2:30)
 AN EXPLANATION OF THE STATUTORY PROVISION(S) ON POLYGAMY UNDER
THE ISLAMIC FAMILY LAW (FEDERAL TERRITORIES) ACT 1984
Applicable to Muslims in Federal Territories
Section 23(1)
No man during his marriage can enter into another marriage with another woman
without the permission in writing of the Court and this Act will not recognise/register
such marriages.
However, if the court show that the such marriage is valid according to Hukum Syara,
the court will order it to be registered subject to section 123 of this Act.

How to apply for permission?

Section 23(3)] & [section 23(5)

An application for permission shall be submitted to the Court & a copy to wives in the prescribed manner.
Accompanied by a declaration (to be served to the wives too) 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 & liabilities,
The number of his dependants, including his dependants as a result of the proposed marriage,
And whether the consent of the existing wife or wives on the proposed marriage have been obtained.
 What if a man enters into another marriage without court’s permission?
Section 123
A man is said to have commit an offence and shall be punished with a fine not exceeding
one thousand ringgit or with imprisonment not exceeding six months or with both such
fine and imprisonment.

What is the process after the application for permission?

Section 23 (4)(a)-(d)
(4) On receipt of the application, the Court shall summon the applicant and his existing wife or wives to be present at
the hearing of the application, which shall be in camera, and the Court may grant the permission applied for if
satisfied.

Things court will need to ascertain in order to be satisfied in granting

permission: -
(a) that the proposed marriage is just and necessary, having regard to such circumstances as, among others, the
following, that is to say, sterility, physical infirmity, physical unfitness for conjugal relations, wilful avoidance of an
order for restitution of conjugal rights, or insanity on the part of the existing wife or wives;

Section 23(4)(b)-(c) that the applicant has such means as to enable him to support as required by Hukum Syara'
all his wives and dependants, including persons who would be his dependants as a result of the proposed
marriage; & to give equal treatment to all wives required by Hukum Syara’
(d) that the proposed marriage would not cause darar syarie to existing wife/wives

Other relevant sections: -

Section 23 (6)
*Any party who is dissatisfied or aggrieved with any decision of the Court may appeal against the decision in the
manner provided in the Administration Enactment for appeals in civil matters.

Section 23 (7)
*Any person who contracts a marriage in contravention of subsection (1) shall pay immediately the entire amount
of the mas kahwin and the pemberian due to the existing wife or wives, which amount, if not so paid, shall be
recoverable as a debt.

Section 23 (8)
*The procedure for solemnization and registration of a marriage under this section (polygamy) shall be similar in all
respects to that applicable to other marriages solemnized and registered in the Federal Territory under this Act.
.
ef

ISLAMIC FAMILY LAW (FEDERAL

TERRITORIES) ACT 1984
S23 POLYGAMY
ISLAMIC FAMILY LAW (STATE OF
JOHORE) ENACTMENT 2003
S23 POLYGAMY
 The Differences
01 APPLICANT’S ABILITY TO
ACCORD EQUAL / FAIR
02 DISCLOSURE OF APPLICATION OF
POLYGAMY MARRIAGE + IQRAR
TREATMENT TO ALL WIVES 1.IFL (FT) 1984 S23(5): Disclose to Existing Wife /
REQUIRED BY HUKUM SYARAK
Wives Only
2.IFL (Johor) 2003 S23(6): Disclose to Existing Wife
1.IFL (FT) 1984 S23(4)(c): Equal / Wives + Wife to be Wedded
Treatment
2.IFL (Johor) 2003 S23(5)(c): Fair
Treatment
·Both Different Terms carry the same
meaning
03 Appeal by Aggrieved Party Against Court Decision
1.IFL (FT) 1984 S23(5): Appeal allowed under Syariah Civil Procedure (Federal Territories) Act
1998
2.IFL (Johor) 2003 S23(6): Appeal allowed under Syariah Civil Procedure Enactment (State of
Johor) 2003
·AOP Created by Fed Gov to bind FT only
·Enactment Created by State Gov to bind Johor only

04 Procedure for Solemnization & Registration of Polygamy Marriage

1.IFL (FT) 1984 S23(8) binds FT only
2.IFL (Johor) 2003 S23(9) binds Johor only
 SHOULD THE PROVISIONS FOR POLYGAMY UNDER THE SYARIAH LAW BE
STANDARDIZED IN MALAYSIA?
Based on our findings, there is no need to standardize the provisions of Polygamy across the Federation of Malaysia

The main precepts of Islamic Family law under the FT and Johor are almost the same
The following are the Main Precepts which are the same:

01 Islamic Family Law (Federal Territories) Act 1984

Polygamy requires Court’s permission

Islamic Family Law (State of Johore) Enactment 2003

Polygamy requires Court’s permission

S. 23(1A) & S.23(1) S.23(1) & S.23(2)

*Permission of the Court is required for the registration of Polygamy

*Carry the same Punishment: (fine not exceeding RM1,000, imprisonment not exceeding 6 months or both)
Section 123 (Federal Territories)
Section 124 (Johor)
02
Islamic Family Law (Federal Territories) Act 1984 Islamic Family Law (State of Johore) Enactment 2003
The Application of Polygamy S.23(3) The Application of Polygamy S.23(4)

The applicant to submit the application + iqrar to the Court to get the permission
The judge to verify that the polygamous marriage proposed is just and necessary, to affirm that the
applicant has the means to support all his wives and dependents (including the applicant’s income, the
financial conditions, the commitments), whether the consent or views of the existing wife or wives on the
proposed marriage have been obtained

03 The Powers of the Court that grants the

Permission to the applicant for the
Polygamy Marriage S.23(9)(a) & S.23(9)(b)
The Powers of the Court that grants the Permission
to the applicant for the Polygamy Marriage S.23(10)
(a) & S.23(10)(b)

The applicant to pay maintenance fee to existing wife/wives

The division of Matrimonial Assets acquired by them during the marriage by their joint
efforts OR the division of the proceeds of the sale of such assets
 The following are the differences between the provisions in the Islamic Family Law (Federal Territories) Act 1984
and the Islamic Family Law (State of Johore) Enactment 2003
Islamic Family Law (Federal Territories) Act 1984 Islamic Family Law (State of Johore) Enactment 2003
The Applicant’s Ability to Accord Equal / Fair The Applicant’s Ability to Accord Equal / Fair
Treatment to all Wives S. 23(4)(c) Treatment to all Wives S. 23(5)(c)

The Court will summon the parties
involved upon receiving the application
The parties shall present at the hearing
The Court must satisfy that the applicant
would be able to give EQUAL treatment to
all his wives as required by Hukum Syarak
The Court will summon the parties
involved upon receiving the application
The parties shall present at the hearing
The Court must satisfy that the applicant
would be able to give FAIR treatment to all
his wives as required by Hukum Syarak

**Equal = Fair (treating someone in a way that is right or reasonable / the same in importance and deserving the same treatment)

Appeal by Aggrieved Party Against Court Decision S.23(6) Appeal by Aggrieved Party Against Court Decision S.23(7)

Aggrieved party / any person dissatisfied with the Aggrieved party / any person dissatisfied with the
Court’s decision may appeal under the Syariah Court’s decision may appeal under the Syariah Civil
Civil Procedure (Federal Territories) Act 1998
Procedure Enactment (State of Johor) 2003
 THE REASONS WHY THE PROVISIONS FOR POLYGAMY SHOULD NOT BE STANDARDIZED

01 ISLAMIC FAMILY LAW - STATE MATTER

02 SOME ARGUMENTS MAY OCCUR

Based on our findings, compare FT Act & Johor

Enactment
Federal Constitution (9th Schedule List II) The process of standardization may be a long process
FC provides that Muslim law and, personal and We have pointed out is the differences between the Islamic Family
family law of persons professing the Islamic religion Law (Federal Territories) Act 1984 and the Islamic Family Law
are exclusive matters of the State (State of Johore) Enactment 2003
By looking at FT Act & Johor Enactment, there are
IF wanna standardize, all states will need to agree with the same
not too many differences
thing/law
No need to standardize the laws for Polygamy, just
leave it to each state in Malaysia to decide and use
their own laws for Polygamy
IF we are to standardize, the state’s authority will be
taken away

03 Problems that may occur:

A) Which state’s enactment or Act should we rely on?
B) Will it be a lot of differences in the provisions of Polygamy between States and becomes hard to
standardize?
C) How to tackle the issues IF one of the state government insists a particular provision in their state
to be inserted into the uniform Act but the other states refuse?
 In relation to the points explained, the issue that is to be determined now is whether the legal
provisions for polygamy under syariah law should be standardised across the Federation of Malaysia.
Similarities
1. What if the provisions of law for polygamy is standardized?
Standardizing of the law for polygamy would promote consistency and uniformity.
Eases decision making process of the Courts
Promotes consistent and fairer outcome.
Islamic Family Law (Federal Territories) Act 1984 Islamic Family Law (State of Johore) Enactment 2003
1. The Application of Polygamy S. 23(4)(d) 1. The Application of Polygamy S. 23(5)(d)
The proposed marriage must not cause The proposed marriage must not cause darar to
darar to existing wife/wives. existing wife/wives.

2. Contravention of S. 23(1) 2. Contravention of S. 23(8)

An applicant who engages in a marriage that
contravenes s.23(1) IFL(FT) and s. 23(1) IFL(Johor)
shall pay the Mas Kahwin and Pemberian to their
existing wife/wives, if he fails to pay, it would be
recoverable as debt. .
An applicant who engages in a marriage that
contravenes s.23(1) IFL(FT) and s. 23(1) IFL(Johor) shall
pay the Mas Kahwin and Pemberian to their existing
wife/wives, if he fails to pay, it would be recoverable as
debt.
 The following are the differences between the provisions in the Islamic Family Law (Federal Territories) Act 1984 and the Islamic
Family Law (State of Johore) Enactment 2003
The Reasons why the Provisions for Polygamy should not be Standardized
2. Difficult and complicated Amendment Process
The circumstances in the Federal Territories and Johor are different.
Difficult for States to enact legislation to remedy problems/situations if there is only one Act of Parliament that governs the
provision of Islamic law for polygamy marriage.
Loss of the power of State Legislative Assembly.

Islamic Family Law (Federal Territories) Act 1984 Islamic Family Law (State of Johore) Enactment 2003
1. Disclosure of application of polygamy marriage + 1. Disclosure of application of polygamy marriage + Iqrar
Iqrar S. 23(5) S. 23(5)

the applicant is required to disclose the the applicant is required to disclose the application
application of polygamy marriage and iqrar of polygamy marriage and iqrar to his existing
to his existing wife/wives only. wife/wives and also the woman that is to be
wedded.

2. Procedure for solemnization and registration of polygamy 2. Procedure for solemnization and registration of
marriage S.23(8) polygamy marriage S.23(9)
The solemnization and registration process
of a polygamy marriage is binding in The solemnization and registration process of a
Federal Territories only. polygamy marriage is binding in Johor only.
 Conclusion
In conclusion, there may be advantages to standardizing the legal provisons for polygamy under
syariah law across the Federation of Malaysia due to the minor differences which can be seen in
the legislations stated previously. Nevertheless, it has to be taken into consideration that the
Federal Constitution has given the right for States to enact their own legal provisions of law in
their respective States in order to suit the needs of their citizens, in this case,the State of Johor.
One size may not fill all. In other words, by having one registered Act, IFL(FT) Act 1984 to govern a
whole legal provision for polygamy marriage throughout the country, may not be the best
solution.