Judgement on Polygamy Cases: a Case Study of Syariah Court of Kuala Lumpur

Abstract

Based on the research made to judgment on polygamy cases, each of the decision made by the judge in Syariah Court is referred to the Islamic Family Law Federal Territories Act 1984 (Act 303) Section 23. The Islamic Family Law Federal Territories Act 1984 provides for polygamy. Section 23, which was amended in 1994, provides no man, during the subsistence of a marriage, shall, except with the prior permission in writing of the court. This is a field research made by the researcher to explore some decided cases of polygamy in Syariah Court of Kuala Lumpur from November 2003 until January 2004. The purpose of the research is to elaborate and identify the reasons of judges give permission to polygamy, and also discusses the suitable criteria of the applicant. Interviews, reading the decided file cases and also reviewing relevant documents are the tools employed for data gathering. The findings indicate that the judgment on polygamy cases is based on Section 23 Islamic Family Law Federal Territories Act 1984 (Act 303). Finally, the study concludes with saying that the role of a judge is too important to ensure that polygamy cases are under control.