ENACTMENT NO. 3 OF 1987 ISLAMIC FAMILY LAW ENACTMENT 1987
PART II - MARRIAGE
Section 23. Polygamy.
(1) No man, during the subsistance of a marriage, shall, except with the prior permission in writing of the Syariah Judge, contract another marriage, nor shall another marriage contracted without such permission be registered under this Enactment.
(2) Subsection (1) applies to the marriage in the State of Pahang of a man who is resident within or outside the State of Pahang and to the marriage outside the State of Pahang of a man resident in the State of Pahang.
(3) 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 and necessary, the present income of the applicant, particulars of his commitments and his ascertainable financial obligations and liabilities, the number of his dependents including persons who would be his dependents as a result of the proposed marriage, and whether the consent or views of the existing wife or wives on the proposed marriage have been obtained.
(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-
(a)that the proposed marriage is just and necessary, having regard to such circumstances as, among others, the following that it to say, sterility, physical infirmity, physical unfitness for conjugal relation, wilful avoidance of an order for restitution of conjugal rights, or insanity on the part of the existing wife or wives;
(b)that the applicant has such means as to enable him to support as required by Hukum Syara' all his wives and dependents, including persons who would be his dependents as a result of the proposed marriage;
(c) that the applicant would be able to accord equal treatment to all is wives as required by Hukum Syara';
(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 dependents had been enjoying and would reasonably expect to continue to e joy were the marriage not to take place.
(5) A copy of the application under subsection (3) and of the statutory declaration required by that subsection shall be served together with the summons on each existing wife.
(6) Any party aggrieved by or dissatisfied with any decision of the Court may appeal against the decision in the manner provided in the Administration of the Religion of Islam and the Malay Custom of Pahang Enactment 1982 for appeal in civil matters.
(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.
(8) 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 the State of Pahang under this Enactment.