Section 23

No man shall marry another woman at any place during the subsistence of his marriage except with the written permission of a Syar’ie

Judge in the prescribed form and should he do so, such marriage can only be registered under this Act subject to section 123 and the completion of the prescribed form.

An application for permission under subsection (1) shall be submitted to the Syar’ie Judge in the prescribed manner and shall be accompanied by a written declaration stating the grounds on which the proposed marriage is claimed to be just and necessary, the present income of the applicant, particulars of his commitments and ascertainable financial obligations and liabilities, the number of his dependants including persons who would be his dependants as a result of the proposed marriage and whether the consent or views of the existing wife have been obtained or not regarding the proposed marriage.

On receipt of the application, the Syar’ie Judge shall hear the application and on payment of the prescribed fee, may grant permission if he is satisfied that the application should be approved in accordance with

Hukum Syara’.

The procedure for solemnisation and registration of a marriage under this section shall be similar in all respects to that applicable to other marriages solemnised and registered in Brunei Darussalam under this Act.

Islamic Family Law

B.L.R.0. 6/2012 27