Is Polygamy Still Practiced And Legal In Malaysia?

For some women, the dream of a happily-ever-after means finding a life partner and building a future together. But for others, the story unfolds very differently—a life requiring immense patience and tolerance as their husbands marry additional wives. 

In some cases, women live unaware, kept in the dark about secret marriages that shatter their sense of trust.

Polygamy, specifically polygyny—the practice of one man with multiple wives—is a topic that sparks powerful emotions. With headlines frequently showcasing celebrities who enter into polygamous relationships, the issue ignites fierce online debates and divided opinions.

Although polygamous marriages make up only a small fraction, the debate has turned into a battleground of beliefs. On one side, a strict interpretation of Islamic teachings supports polygamy, emphasising men’s rights to marry up to four women. On the other, women’s rights advocates argue that polygamy often leads to inequality and hardship for Muslim women, revealing the complex and challenging realities of these marriages. Who’s right and who’s wrong?

A Short History Of Polygamy In Malaysia

Polygamy in Malaysia has deep roots, reaching back to pre-colonial times and is shaped by religious, cultural, and ideological influences. Despite societal changes, polygamy endured, especially among the elite, as Islam permits men to have up to four wives if treated equally^[1].

During the colonial period, legal provisions for polygamy were introduced, though substantial reforms advancing women’s equality only emerged post-independence. 

The Islamic Family Law (Federal Territories) Act of 1984 brought about key reforms, merging Islamic and family law principles and standardising the Shariah judicial system nationwide^[1].

The arrival of Chinese and Indian immigrants during British rule added diverse cultural practices, including polygamy. British courts recognised polygamous unions among Chinese settlers, granting all wives equal legal status and ensuring legitimacy for their children. 

However, under traditional Chinese law, subsequent wives were often considered of lower status. Polygamous unions for non-Muslims were later prohibited under the Law Reform (Marriage and Divorce) Act of 1976^[1].

Today, polygamy remains a common practice in many Muslim societies, with higher rates in the Middle East. In Malaysia, an Islamic resurgence driven by dakwah movements advocating for a return to traditional Islamic values has contributed to ongoing support for polygamy. 

Since the 1980s, amid a rise in political Islam, these movements have fueled debates around women’s rights and democracy, with polygamy being one of the most contentious topics^[1].

During this era of Islamic revivalism, many Muslim men, particularly those of certain socioeconomic status, began viewing polygyny as an essential Prophetic practice (sunnah nabi), associating it with a heightened expression of their religious piety^[1].

Is Polygamy Allowed Under The Law? 

In the context of Islamic teachings and some interpretations of Muslim feminism, polygamy is often viewed as a practice intended to protect the rights and welfare of widows and orphans, especially in times of societal need, particularly in a war-torn society^[2]. 

Surah An-Nisa in the Holy Quran states:

If you fear that you will not do justice to the orphans, then marry the women you like, in twos, in threes and in fours. But if you fear that you will not maintain equity, then (keep to) one woman, or bond women you own. It will be closer to abstaining from injustice.

In Malaysia, polygamous marriages for Muslim couples are regulated by the Islamic Family Law (IFL), which was established in the 1980s to protect Muslim women’s rights in marriage and divorce. 

The Islamic Family Law Act (IFLA) of 1984 initially introduced strict conditions, requiring court approval and existing wives’ consent before a man could marry another^[1]. This law was considered progressive, requiring applicants to meet conditions such as maintaining the current standard of living for existing wives.

However, reforms over time have relaxed these conditions. In 1994, the clause on maintaining wives’ living standards was removed, and amendments in 2005 allowed registration of polygamous marriages without prior court permission, upon payment of a nominal fine^[1].

Under current law, a Muslim man in Malaysia must meet several requirements to justify a polygamous marriage:

1. He must prove that the proposed marriage is necessary or just, citing reasons like the current wife’s sterility, physical infirmity, or insanity.
2. He must demonstrate financial capability to support all wives and dependents and show that he can provide fair treatment to all his wives as mandated by Islamic law. 
3. The court must be convinced that the new marriage will not harm existing wives.

However, since Islamic family law in Malaysia falls under state jurisdiction, this results in 14 separate legal systems, leading to variations across states. This decentralised system also means marriage registrations are not synchronised, allowing men to claim single status in different states when entering new polygamous marriages^[3].

For example, when a man is registered as married in Selangor, his marital status in the registries of other states will still reflect that he is single. – Ireeny Muzammel, legal officer for Sisters in Islam^[4].

One notable example is Kelantan, which has a provision that differs significantly from the other states. While most states require the consent of the woman involved in a marriage, Kelantan allows a virgin’s marriage to be solemnised without her consent if the wali (guardian) is her father or paternal grandfather^[1].

Contrary to popular belief, that a husband must seek the permission of his first wife before marrying again, Syariah lawyer Nurul Tasnim Abd Rahman clarifies that this is not always the case. 

Some states in Malaysia do not make it obligatory for the husband to obtain consent from his existing wife before entering into a polygamous marriage^[4].

In practising polygamy, the term ‘must obtain the first wife’s permission first’ is not true and is contrary to the Islamic Family Law Enactment in every state. This is because polygamous marriage does not require the permission of the existing wife, but the husband who wants to practice polygamy must obtain permission from the Shariah Court. – Nurul Tasnim Abd Rahman, Syariah lawyer^[4]

By right, a husband planning to enter into a polygamous marriage should apply to the Syariah Court. The judge would then determine, according to the Islamic Family Law Act (IFLA), whether the husband is suited for additional marital responsibilities. 

The judge will consider the husband’s ability in terms of current income, commitments, finances, and the number of dependents, including existing wives and children as well as any new wife and children who will become dependents. – Nurul Tasnim Abd Rahman, Syariah lawyer^[4]

A 2022 Telenisa Statistics and Findings Report revealed that 24% of polygamous marriages occur without the wife’s consent^[5], including instances where the existing wife received court documents just thirty minutes before the hearing^[3].

The intent behind these procedures is to ensure polygamy is conducted with justice and in accordance with Islamic principles. 

In the notable case of Ruzaini v. Nurhafizah [2002] JH 79, despite the husband having his wife’s consent, the court denied his polygamy application due to concerns over his ability to provide fair treatment. 

Yet, controversy remains, with Perlis being a state that has not rejected any polygamy applications since 1993, sparking debate over the consistency of polygamy enforcement across Malaysia^[1].

Say ‘Yes’ By Crossing The Border

For some, rejection by the court is not the end but rather the start of a different path. Some have chosen to cross the border to Southern Thailand for a quick, discreet, Shariah-compliant marriage. This cross-border option has emerged as an alternative for men deemed unqualified for polygamy by Shariah courts in Malaysia^[2]. 

One reason they choose to marry across the Thai border is because they find the marriage procedures there to be easier and faster. However, they are often unaware of the implications that may arise in the future. – Nurul Tasnim Abd Rahman, Syariah lawyer^[4]

Polygamy without court permission constitutes a Shariah criminal offence, punishable by fines, imprisonment, or both. Yet, the practice persists. 

As of June 2024, the Narathiwat Islamic Religious Council reported that about 30 couples from Kuala Lumpur, Kelantan, and Terengganu travel monthly to the province to enter into polygamous marriages, including individuals with prestigious titles like “Dato”^[6]. 

Over time, what was once a quiet elopement has turned into a more formalised process, complete with paperwork and bureaucratic requirements.

However, getting married in southern Thailand is not as easy as it may seem. There are specific conditions that must be met, including background checks on the couples. One of the mandatory conditions is the presentation of the divorce certificate or the death certificate of a previous spouse if the woman is a widow or divorcee. If these conditions are not met or are questionable, the solemnisation will not be allowed to proceed. – Abdul Aziz Che Mamat, Deputy President Of The Narathiwat Islamic Religious Council^[6]

Reports have surfaced regarding polygamy scams, where fraud and falsification of documents are used to circumvent legal requirements for polygamous marriages. In some cases, these scams involve matrimony packages offered by foreign marriage syndicates, which promise to facilitate quick and discreet marriages^[7]. 

However, these scam marriages often lead to significant complications for those involved, including legal troubles and personal disputes. 

It will impact the process of registering the child’s birth with the National Registration Department (JPN) and complicate the process of making claims in court. – Nurul Tasnim Abd Rahman, Syariah lawyer^[4]

Polygamy In Modern Malaysia

In 2023, the number of Malaysian Muslims practising legal polygamy saw a significant decline, dropping by 47% from 3,064 cases in 2019 to just 1,609 in Peninsular Malaysia and Sabah^[8]. 

A major contributing factor to this decrease is the rejection of over one-third of polygamy applications by the Syariah Court, largely on financial grounds, particularly during the height of the COVID-19 pandemic.

Despite this overall decline, media headlines often focus on the polygamous marriages of celebrities and influencers, which can create a skewed perception of the practice. 

In March 2024, Malaysian singer Azline Ariffin, known as Ezylnn, made headlines when she openly revealed that she had actively searched for a second wife for her husband, Wan Mohd Hafizam, to allow her to focus on her career. As a result, her husband married a 26-year-old doctor in March 2023^[8].

I am a busy person, and going on long trips makes me feel uneasy and restless. At the very least, there is someone else to take care of things and I can focus on my work. – Ezylnn, Malaysian singer^[8] 

In 2023, Malaysian influencer Mohammad Khaliltizam Yusri, better known as Abang Tesla, stirred public interest when he posted a teary video after performing fajr prayer with his wife before proceeding to marry his second wife. 

His teary-eyed video sparked speculation that his decision was driven by a desire for children. However, in a later interview, Abang Tesla clarified that his motivations were more complex, leaving the true reasons behind his second marriage open to interpretation.

The issue of zuriat (lineage) is not the main factor, but there are internal reasons. If we discussed it further, it would expose flaws, and I don’t want to do that. – Mohammad Khaliltizam Yusri, Malaysian influencer^[9]

Harmony in polygamous relationships may seem like an oxymoron, but there are some marriages that function smoothly. 

One such example is Abdul Syaheed Ismail, president of Pertubuhan Poligami Harmoni Malaysia (Harmoni). At 42 years old, Abdul Syaheed has been married to four wives since 2009, following in the footsteps of his father, who had two wives. His organisation, Harmoni, advocates for harmonious polygamous relationships, emphasising fairness, transparency, and mutual respect among all parties involved.

I married for the first time while studying at the International Islamic University Malaysia (IIUM) in 2003 and was blessed with my first child in 2004. My second to fourth wives are single mothers. I have four stepchildren, nine biological children, and two who have passed away. – Abdul Syaheed Ismail, the president of Pertubuhan Poligami Harmoni Malaysia (Harmoni)^[9]

When Women Bear The Brunt

Weddings are often seen as joyous occasions, but for those in polygamous marriages, the reality can be filled with emotional challenges, jealousy, and societal judgment. Many women in these marriages are labelled as “homewreckers” and face significant emotional turmoil.

In 2023, Tuan Ibrahim Tuan Man, leader of the opposition Islamist party Parti Se-Islam, argued that polygamous marriages could help address the issue of late-age marriages among women, noting that there are over 8.4 million single women in the country.

I don’t understand why polygamy is a sensitive issue. When we mention polygamy, it’s like someone committed a crime. For those who are eligible and can be fair, moral support should be given. – Tuan Ibrahim Tuan Man, leader of Parti Se-Islam^[10]

However, his statement was met with criticism. Fellow Member of Parliament, YB Yeo Bee Yin, pointed out that women should not be seen as having a “problem” for being unmarried, emphasising that marriage is a personal choice.

Changing attitudes among educated, economically independent women in their 30s have contributed to a decline in the acceptance of polygamy. A 2019 survey commissioned by Sisters in Islam (SIS) found that two-thirds of respondents supported a wife’s right to demand a divorce if her husband marries another woman^[5]. 

Despite this, the desire for companionship is deeply human. Dr Wan Zumusni Wan Mustapha, or Zunie, a senior lecturer at the Academy of Language Studies at Universiti Teknologi MARA, was once in a polygamous marriage herself. She believes that, above all, women want to be cared for, provided for, and protected.

Most importantly women want to be taken care of. They want to be provided [for], they want to be protected. – Dr Wan Zumusni Wan Mustapha aka Zunie^[12]

Zunie married her high school friend to help him have a child, as he and his wife were unable to conceive. Already a mother of four boys from a previous marriage, she thought being a “weekend wife” would suit her, as it allowed her to maintain her career and life.

Zunie explained that some women, especially those facing financial difficulties, may view becoming a second wife as an opportunity for a more comfortable life or a status upgrade, shielding them from harassment by other men. For financially insecure women, the pressure to enter into polygamous relationships may be more pronounced.

However, a 2012 SIS survey revealed that life for second wives is far from ideal.

• 42% of wives have to work overtime to make ends meet, 32% of them are financially supporting the husband, first wife, and step-children^[13]. 
• Despite the requirement for financial stability in polygamous marriages, 63% of husbands in such unions were found to be incapable of supporting their families^[13]. 
• Many reduce allowances to their first wives, forcing them to seek additional work. Furthermore, 18% of husbands in polygamous marriages fail to provide maintenance, and 14% neglect child maintenance^[5].

Many women find themselves reluctantly consenting to their husbands’ decisions to marry additional wives, sometimes due to direct coercion or fear of the breakdown of their families.

Some voice their dissatisfaction but some, in order to save the marriage or for the sake of the children, will just go on with it. – Dr Wan Zumusni Wan Mustapha aka Zunie^[12]

Through interviews with first wives, Zunie uncovered a stark reality: not all is well or harmonious in polygamous marriages, especially concerning the emotional well-being of the first wives. Many face deep emotional distress and struggles, highlighting the often-overlooked psychological toll these arrangements can have.

I don’t see how it can be in the interests of the first wives. – Dr Wan Zumusni Wan Mustapha aka Zunie^[12]

A Reality Of A Fairytale

Qobin or his full name,  Muhammad Muqharabbin Mokhtarrudin reflects on the complexities of maintaining two marriage

It is not easy to take care of people’s hearts. This is my faith, so I have to do my best for both wives and then I have to take it as a challenge in myself. – Muhammad Muqharabbin Mokhtarrudin^[12]

The two households get together for family events, and Qobin tries to be fair with both his wives but Qobin recognises that jealousy is still an issue. 

Similarly, a Malay polygynous husband in his 60s, interviewed in Kuala Lumpur, described the emotional strain of managing feelings among his two wives as “the most challenging” aspect of his nearly 30 years of polygyny. He pointed out the difficulties of dealing with sexual jealousy, suspicions of favouritism, and even speculations of sorcery. 

Taking care of [his] feelings” for his two wives was perhaps “the most challenging” aspect of his nearly 30 years of polygyny (“Menjaga perasaan paling susah”). – Nurul Huda Mohd. Razif, social anthropologist^[14]

The reality for many in polygamous relationships often falls short of a fairytale ending. Syariah lawyer Muhammad Hariz Md. Yusoff reveals a troubling trend: among his clients who married in Southern Thailand, many are headed for a divorce. 

It is estimated that 80% of couples decide to get married in Siam, and among them, many have also filed for divorce in court. – Muhammad Hariz Md. Yusoff, Syariah lawyer^[4]

Despite her initial optimism, the first wife became unhappy after Zunie fell pregnant. Eventually, Zunie decided it was best for everyone to end the marriage. Although they divorced, Zunie and her former husband remain close friends. Their son lives with Zunie but spends time with his father and his father’s first wife.

Private But Not Secret

In today’s world, despite its legality and being well and alive in Malaysia, some thorns have to be picked away.  

For Sisters in Islam, a think tank that pushes for a more progressive interpretation of Islam, an egalitarian view of Muslim family law is seen as a necessity. Initially, the IFLFederal Territories) Act 1984 was seen as progressive, incorporating stringent conditions for polygamous marriages. However, subsequent amendments in 1994 and 2005 relaxed these conditions, sparking criticism from women’s rights groups like Sisters in Islam (SIS). 

They argued that the removal of the requirement ensuring that a polygamous marriage would not lower the standard of living for existing wives contradicted the law’s original intent.

The reduced support after subsequent marriages and regressive amendments to the Islamic Family Law (IFL) compound the challenges for first wives. IFL amendments in 2005 no longer mandate a polygamous marriage to be proven both just and necessary, undermining the fundamental principle of justice in such unions. – Sisters in Islam^[5]

At the same time, the lack of uniformity across the Islamic laws in varying states adds to the complications. Sometimes, existing wives or the subsequent wives live in the dark, with the absence of a centralised marriage registration system. 

Polygamy, in essence, is complex. Despite being permitted in Islam, it extends far beyond legal and financial considerations. The scripture in Surah An-Nisa emphasises justice, advising that if fairness cannot be maintained, it is better to marry only one. However, many interpret the first part of the verse as sufficient permission to marry up to four, citing it as sunnah. Even if a man is capable of providing materially, achieving emotional fairness in a polygamous marriage remains elusive.  

Women’s advocacy groups, such as SIS, have played a crucial role in pushing for more egalitarian laws and protecting women’s rights. Their efforts have led to some positive changes, such as the right of existing wives to claim jointly acquired property. However, significant disparities and challenges remain, especially with inconsistent enforcement across different states.

Explore our sources: 

1. Abdullah, R., Abdullah, S. & Ferdousi, N. (2015).The Fragile Status of a Muslim Wife: The Legal History of Polygamy in Malaysia. Journal of Family History
2. Periasamy, P. (2024). A Philosophy Analysis of Polygamy in Malaysia: Scandalous or Acceptable? Malaysian Philosophy Society. Link 
3. Wan Salleh, A. (2023). For Muslim first wives, legal loophole can cause polygamy heartache. Free Malaysia Today. Link 
4. Nusi, N.H. (2023). Gaji RM10,000 belum tentu lulus poligami. Kosmo Digital. Link
5. Sekaran, R. (2023). SIS slams PAS for promoting polygamous marriages. The Star. Link 
6. The Star. (2024). Around 30 Malaysian couples head to Southern Thailand each month for polygamy. Link
7. Mat Zain, M.N., Zikri Mahsor, A.F. & Abdul Manap, N. (2023). Measures to Curb Polygamy Scams in Malaysia: A Legal Perspective. Jurnal Hukum Keluarga dan Hukum Islam Volume 7, No. 2, July 2023 ISSN: 2549 – 3132; E-ISSN: 2549 – 3167 DOI: 10.22373/sjhk.v7i2.16031
8. Saieed, Z. (2024). Polygamy down sharply, in line with incomes in post-pandemic Malaysia. Straits Times. Link
9. Zainury, M.A. (2023). Harmoni sambut Aidilfitri bersama empat isteri. Sinar Harian. Link 
10. Mstar. (2023). Zuriat bukan punca poligami, Abang Tesla jawab sorok isteri muda. Link 
11. Zahiid, S.J. (2023). Over 30 and without a husband? PAS lawmaker proposes polygamy to single women. Malay Mail. Link 
12. Carrick, D. (2020). What it’s like to be in a polygamous marriage? Muslim Malaysians share their stories. 
13. Cili Sos. (2016). What’s it like being a second wife in Malaysia? 4 sobering realities about Polygamy. Link 
14. Mohd Razif, N.H. (2020). Polygamy in a Time of Pandemic: Hard Times Ahead. Canopy Forum. Link