UNAUTHORISED POLYGAMY OFFENCES: A STUDY IN THE SYARIAH COURTS OF SELANGOR

Abstract

Polygamy refers to a marital arrangement that allows a man to have more than one wife at any given time. Within the legal framework of Malaysia, Muslim men are permitted to practise polygamy in accordance with Islamic law. Nevertheless, the law requires that prior authorisation be obtained from the Syariah Court before entering into a polygamous marriage. Failure to comply with this requirement may result in prosecution for the offence of unauthorised polygamy. Statistics indicate that such offences are increasingly prevalent in the State of Selangor. This study aims to elucidate the concept of polygamy from an Islamic perspective and to analyse the legal framework governing polygamy in Selangor. The study also examines the factors contributing to the occurrence of unauthorised polygamy and the resulting implications, and subsequently proposes recommendations for addressing these issues. Methodologically, this research adopts a qualitative approach through document analysis involving books, journals, statutory provisions, and court records. In addition, semi-structured interviews with several syariah legal practitioners were conducted to obtain supplementary empirical insights. The findings reveal that the primary factors contributing to unauthorised polygamy include stringent legal procedures and the inability to obtain consent from the first wife. The study also finds that unauthorised polygamy may give rise to negative implications, such as the risk of unregistered or invalid marriages, infringement of wives’ rights, and complications relating to the verification of lineage and the registration of children's births. Accordingly, the study recommends that penalties for unauthorised polygamy be strengthened up to the maximum statutory limit, alongside increased public awareness through education and advocacy programmes to curb the rising number of such cases in Selangor.