ENACTMENT NO. 15 OF 1992 ISLAMIC FAMILY LAW ENACTMENT 1992
PART II - MARRIAGE Preliminaries to a marriage
Section 23. Polygamy.
(1) No man, during the subsistence of a marriage, shall except with the prior permission in writing of the Syarie Judge, contract another marriage, nor shall another marriage contracted without such permission be registered under this Enactment.
(2) An application for permission shall be submitted to the Court in the prescribed manner and shall be accompanied by a statutory declaration stating the grounds on which the proposed marriage is alleged to be just or necessary, the present income of the applicant, particulars of his commitments and his ascertainable financial obligations and liabilities, the number of his dependants, including persons who would be his dependants as a result of the proposed marriage, and whether the consent or view of the existing wife or wives on the proposed marriage have been obtained.
(3) 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 –
(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 right, or insanity on the part of existing wife or wives;
(b) that the applicant has such means as to enable him to support, as required by Hukum Syarak all his wives and dependants, including persons who would be his dependants as a result of the proposed marriage;
(c) that the applicant would be able to accord equal treatment to all his wives as required by Hukum Syarak;
(d) that the proposed marriage would not cause darar syarie to the existing wife or wives; and
(e) that the proposed marriage would not directly or indirectly lower the standard of living that the existing wife or wives and dependants had been enjoying and would reasonably expect to continue to enjoy were the marriage not to take place.
(4) A copy of the application under subsection (2) and of the statutory declaration required by that subsection shall be served together with the summons on each existing wife.
(5) Any party aggrieved by or dissatisfied with any decision of the Court may appeal against the decision in the manner provided in the Syariah Courts Enactment 1992 for appeals in civil matters. Implementation of the decision of the Court is subject to the decision of the Syariah Appeal Court.
(6) 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.
(7) The procedure for solemnization and registration of a marriage under this section shall be similar in all respects to that applicable to other marriages solemnized and registered in Sabah under this Enactment.