ENACTMENT No. 1 Of 1984 ISLAMIC FAMILY ENACTMENT 1979
PART II - MARRIAGE
Section 17. Polygamy.
(1) No male person shall marry another at any place whether in or outside the State while he is still married to his present wife or wives unless he has obtained d prior written consent from the Court and if married without that consent, his marriage shall not be registerable under this Enactment.
(2) An application for consent shall be made to tht Court in the form specified together with the fee prescribed and accompanied with an affidavit stating the grounds why the proposed marriage is necessary and fair, the present income of the applicant, details of his commitments and financial liabilities as may be ascertained and the number of dependants including those persons who shall be his dependants persuant to his proposed marriage.
(3) (i) On receipt of the application the Court may call the applicant and his present wife or wives to attend the hearing of the application and the Court may allow the application if it is satisfied that the proposed marriage is necessary and fair during the subsistence of his marriage with his present wife or wives.
(ii) In determining the consent to be given the Court shall be guided by all the factors mentioned below-
(a) that the applicant has the capacity to enable him to maintain as required by Hukum Syarak all his wives and his dependants including those persons who shall be his dependants persuant to the proposed marriage;
(b) that he is able to give equal treatment to all his wives as required by Hukum Syarak;
(c) that the proposed marriage will not cause darar syarii to the present wife or wives; and
(d) that the proposed marriage will not directly or otherwise lower the standard of living that his subsisting wife or wives and dependants have enjoyed or expected to reasonably enjoy if the proposed marriage is not performed.
(4) Proceedings under sub-section (3) shall be conducted in camera.
(5) Any party agrieved by the decision of the Court may in accordance with the procedure provided for in the Mahkamah Syariah Enactment 1979, appeal against this decision to the Court of Appeal and the decision of the Court of Appeal is final and shall not be questioned in any other Court.
(6) Any person who marries in contravention of subsection (1) shall reimburse forthwith all the dowry and return all the gifts returnable to his subsisting wife or wives and the total amount if not reimbursed shall be deemed a debt to the wife or wives.
(7) The procedure for the solemnization and registration of a marriage under this section shall be the same as that applicable to a marriage solemnized and registered in the State under this Enactment.