Ayisha Begum v. Hajiah Maideen, 21 June 1988
Annual Review of Population Law 15: 66
1988
ISSN/ISBN: 0364-3417 PMID: 12289650 Document Number: 383629
The Court held that, in determining whether to authorize a Muslim man to take a second wife under Rule 11 of the Malaysia Muslim Marriage and Divorce Rules 1968, an objective test, rather than a subjective test, should be used. It ruled that, whether "a husband is competent to support more than one wife and will be able, if he marries more than one wife, to treat them with equity in accordance with the Muslim law" should be established by objective evidence, not merely by a husband's statement that he can support both wives and will treat them equitably. The Court allowed the appeal of the wife of the respondent against a decision of the Registrar of Muslim Marriages to allow the respondent to take a second wife.