SIS: Right to add no-polygamy clause in marriage contract
KUALA LUMPUR In the latest twist to a controversial debate, Muslim women in Malaysia have been told they have the right to include a no-polygamy clause in their marriage contracts.
Sisters In Islam research manager Nik Noriani Nik Badli Shah told Saturday's Star newspaper that not many Muslim women were aware of this right, and those who did were discouraged from using it by social pressure.
"It is up to individual couples whether to use it or not, but Islam sanctions the inclusion of such conditions in the marriage contract," she said.
Muslim countries such as Syria, Jordan, Morocco, Egypt, Iran, Pakistan and Bangladesh had already adopted the ruling that a husband who had agreed in his marriage contract not to take another wife would be bound by that stipulation, the Star said.
Sisters In Islam research manager Nik Noriani Nik Badli Shah told Saturday's Star newspaper that not many Muslim women were aware of this right, and those who did were discouraged from using it by social pressure.
"It is up to individual couples whether to use it or not, but Islam sanctions the inclusion of such conditions in the marriage contract," she said.
Muslim countries such as Syria, Jordan, Morocco, Egypt, Iran, Pakistan and Bangladesh had already adopted the ruling that a husband who had agreed in his marriage contract not to take another wife would be bound by that stipulation, the Star said.
Several conditions
Nik Noriani said the Prophet Muhammad's great-grand-daughter Sakina Hussein, had included several conditions in her marriage contract, including that her husband would have no right to take another wife.
She said existing syariah (Islamic) laws allowed for the registration of additional "ta'liq" clauses, but this was not usually done.
"Ta'liq" are conditions in the marriage contract that allow for divorce.
The current standard "ta'liq" only provides for divorce in cases of desertion, non-maintenance or cruelty.
Sisters in Islam also recommends that laws should be amended to ensure that courts would automatically order a husband to transfer to the first wife her share of jointly acquired wealth before marrying again.
International Islamic University Malaysia lecturer, Saodah Abdul Rahman, said: "Women have a right to do this, especially in an environment where men are allowed by social practices to be irresponsible about family life."
Standardisation
The call follows a row sparked by one state's decision to make it easier for Muslim men to marry a second wife by doing away with the need to have the first wife's approval.
Prime Minister Dr Mahathir Mohamad has called for a standardisation of syariah laws in all states, in an attempt to resolve the issue.
Islamic family law, which allows men to take up to four wives, applies only to the 60 percent of Malaysians who are Muslims.
Women's groups say polygamy is outdated, should be restricted and possibly even banned. AFP
