| In Islam, marrying more than one woman is allowed, provided that, as mentioned in the Qur’anic verse some conditions have to be observed by the man. The requirement of equal and fair treatment to the women is very much emphasised, and the treatment has to be based on just and equitable principles as laid down by Islamic Law. Specifically, Muslim jurists have laid down conditions, if a man wants to take more than one wife. The man should have enough financial capacity to look after the needs of the wives and they should be treated equally in fulfilling their rights such as right to maintenance and accommodation. If a man feels that he will not be able to treat the women with equality and justice he should restrict himself to marrying only one woman. In Malaysia, the Syariah Court can only grant permission for polygamous marriage if a man has satisfied the court that he has fulfilled the required conditions. Section 23 (4) of the Islamic Family Law Act in Malaysia provides that the husband must have sufficient means to support his wives and dependants and that he would be able to accord equal and fair treatment to them. There are many cases in the Syariah Court where applications to practise polygamy by men were dismissed for fear that justice would not be served to the women. This paper is an observation on the practice of the Syariah Court in Malaysia in granting permission to applications for polygamous marriage, and examines briefly to what extent this requirement of equal and fair treatment is adhered to by the courts. |